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10-11-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, October 11, 2011 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Terry Brandenburg, Peace Lutheran Church, 1710 N. North Road This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Bud Jeffries for Service on the Hall County Board of Supervisors The Mayor and City Council will recognize Bud Jeffries for his outstanding service and dedication to the people of Grand Island and Hall County. Mr. Jeffries service on the Hall County Board of Supervisors will be greatly missed. Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Acquisition of Utility Easement - 2900 West US Highway 34 - Niedfelt Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: October 11, 2011 Subject: Acquisition of Utility Easement – 2900 West US Highway 34 – Niedfelt Item #’s: E-1 & G-6 Presenter(s): Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Doralene Niedfelt, located along the east side of property located at 2900 West U.S. Highway 34, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground conduit, high voltage cable and a single phase pad-mounted transformer to provide electricity to two new homes to be built on adjacent lots. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E2 Public Hearing on Acquisition of Utility Easement - 4124 North Webb Road - Leonard & Marlene Mader Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: October 11, 2011 Subject: Acquisition of Utility Easement – 4124 N. Webb Road – Leonard & Marlene Mader Item #’s: E-2 & G-7 Presenter(s): Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Leonard and Marlene Mader, located to the north and west of 4124 North Webb Road, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to provide a location for the three phase underground conduit, cable, and pad-mounted transformer to serve the new grain dryer and storage recently added to the property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing on Acquisition of Utility Easement - 2300 West US Highway 34 - Mayhew Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: October 11, 2011 Subject: Acquisition of Utility Easement – 2300 West US Highway 34 – Mayhew Item #’s: E-3 & G-8 Presenter(s): Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Lynn and Amy Mayhew, located along the west side of property located at 2300 West U.S. Highway 34, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground conduit, high voltage cable and a single phase pad-mounted transformer to provide electricity to two new homes to be built on adjacent lots. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item F1 #9334 - Consideration of Annexation of Olson Subdivision Located South of Airport Road and North and West of US Highway 281 (Second Reading) Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, Regional Planning Director Meeting: October 11, 2011 Subject: An Ordinance to Annex Olson Subdivision an Addition to the City of Grand Island, Nebraska and the Adjoining Right-of -Way Item #’s: F-1 Presenter(s): Chad Nabity, Regional Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that any and all property subdivided adjacent to the Corporate Limit of the City of Grand Island be annexed into the City at the time of subdivision approval. Phil A. Mader and Linda Mader, as the owners of the property, submitted Olson Subdivision as an addition to the City of Grand Island. The Hall County Regional Planning Commission recommended approval of the subdivision at their meeting on September 7, 2011. An ordinance to approve this annexation was approved on first reading by the Grand Island City Council on September 27, 2011. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the first reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of those properties. City staff is not suggesting extension of the zoning jurisdiction as a result of this annexation. Council could request that planning commission consider extension of the zoning jurisdiction. Changes to the zoning jurisdiction cannot be made without a recommendation from the Regional Planning Commission. No existing residences or businesses would be added to the City as a result of this annexation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on second reading. Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney ORDINANCE NO. 9334 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Olson Subdivision and the adjoining Right-Of-Way for Airport Road and U.S. Highway 281 in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after the Phil A Mader and Linda Mader as owners of the property submitted a plat of Olson Subdivision an Addition to the City of Grand Isla nd for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island requires that owners of property proposed for subdivision adjacent to the Corporate Limits submit such subdivisions as additions to the City; and WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and * This Space Reserved For Register of Deeds * ORDINANCE NO. 9334 (Cont.) - 2 - WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. ORDINANCE NO. 9334 (Cont.) - 3 - SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 11, 2011. ORDINANCE NO. 9334 (Cont.) - 4 - ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9334 (Cont.) - 5 - Item F2 #9336 - Consideration of Amending Grand Island City Code Chapter 22-103 Relative to Parking Fines Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: October 11, 2011 Subject: Parking Fees, City Ordinance 22-103 Item #’s: F-2 Presenter(s): Steven Lamken, Police Chief Background The City Council approved an increase in parking fines for violations in Chapter 22 from $10.00 to $20.00. The purpose of the increase is to make the fines a realistic deterrence for illegal parking. City Code Section 22-103 needs to be amended to implement the change in fines. Discussion Fines for violations of on street parking violations found in Chapter 22 of the City code have been $10.00 for many years. The $10.00 fine does not serve as an effective deterrence to illegal parking. The Police Department requested that parking violation fines be increased to $20.00 to serve as a more effective deterrence. The City Council approved the change in the fee schedule for the 2011 budget. City Code Section 22-103 that sets forth the fines needs to be amended to implement the change. The City does not derive revenue from these fines and this is not a revenue enhancement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council adopt amended City Code #22-103 relative to Parking Fines. Sample Motion Move to adopt Ordinance No. Parking Fines. Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney ORDINANCE NO. 9336 WHEREAS, The City is responsible for the regulation of use of and parking on City streets; and WHEREAS, Parking fines for violations of on street parking set forth in Chapter 22, Article VII have been set at $10.00 for many years; and WHEREAS, the $10.00 fine does not serve as a effective deterrence towards parking violations; and WHEREAS, the City Council approved increasing the fine for parking violations set forth in Chapter 22, Article VII in the City fee schedule to $20.00 for each violation. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: 22-103. Parking Fines Parking violations of this article or Article XII of this chapter shall pay a fine of ten dollars ($10.00) twenty dollars ($20.00) for each violation. Fines must be paid at the Police Department. Enacted: October 11, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9337 - Consideration of Salary Ordinance Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: October 11, 2011 Subject: Approving Salary Ordinance No. 9337 Item #’s: F-3 Presenter(s): Brenda Sutherland, Human Resources Director Background Wages for City employees are presented to the City Council for approval in the form of a salary ordinance. An ordinance is being brought forward for Council consideration to support the salary table adjustment for employees covered under the recently approved IBEW Finance, Utilities and Wastewater Treatment Labor Agreements for the 2011/2012 fiscal year. Adjustments of 1.75% for Finance and Utilities employees and 1.25% for Wastewater Treatment employees are proposed. Discussion The proposed salary ordinance is needed to support the three labor agreements with IBEW, Local No. 1597. The wages will go into effect as provided by law, fifteen days after publication and will be retroactive to October 10, 2011. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Recommendation is made to approve Salary Ordinance No. 9337. Sample Motion Move to approve Salary Ordinance No. 9337. Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9337 An ordinance to amend Ordinance 9326 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to amend the salary range of Public Works Engineer; to clarify the effective date for the position of Fleet Services Shop Foreman; to amend the salary ranges of the employees covered under the IBEW Service ClericalFinance labor agreement, the IBEW Utilities labor agreement and the IBEW Wastewater Treatment Plant labor agreement; to add shift differential to Public Safety Dispatcher and Senior Public Safety Dispatcher positions; to rename the position of GIS Specialist to GIS Coordinator; and to repeal those portions of Ordinance No. 9326 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 21.9881/31.0033 Exempt Accounting Technician – Solid Waste 15.2625/20.0651 40 hrs/week Assistant to the City Administrator 21.3879/30.1079 Exempt Assistant Utility Director – Administration 41.4936/58.4045 Exempt Assistant Utility Director – PGS & PCC 44.9328/63.2681 Exempt ORDINANCE NO. 9337(Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Attorney 27.3606/42.2161 Exempt Biosolids Technician 17.3383/24.4065 40 hrs/week Building Department Director 32.0513/45.6044 Exempt Cemetery Superintendent 18.6323/26.2314 Exempt City Administrator 54.8239/77.1429 Exempt City Attorney 37.8815/53.3170 Exempt City Clerk 22.8836/32.2140 Exempt Civil Engineering Manager – Utility PCC 32.5600/46.4896 Exempt Collection System Supervisor 21.9678/31.2271 40 hrs/week Community Service Officer 12.3118/16.7379 40 hrs/week Custodian – Library, Police 11.2825/15.9214 40 hrs/week Customer Service Representative – Part time 8.1400/12.21000 40 hrs/week Electric Distribution Superintendent 31.7969/43.5795 Exempt Electric Distribution Supervisor 26.8518/36.8223 40 hrs/week Electric Underground Superintendent 28.3170/38.8176 Exempt Electrical Engineer I 25.7733/35.5718 Exempt Electrical Engineer II 29.8941/41.2189 Exempt Emergency Management Deputy Director 21.7338/29.7221 Exempt Emergency Management Director 30.9320/42.2873 Exempt Engineering Technician - WWTP 19.2002/27.1266 40 hrs/week Equipment Operator - Solid Waste 15.3864/21.6684 40 hrs/week Finance Director 36.3126/51.0998 Exempt Fire Chief 34.6459/49.0944 Exempt Fire Division Chief 28.3344/40.8994 Exempt Fleet Services Shop Foreman 19.5462/27.2283 40 hrs/week Golf Course Superintendent 23.2091/33.4961 Exempt Grounds Management Crew Chief – Cemetery 17.4024/24.4899 40 hrs/week Grounds Management Crew Chief – Parks 17.9244/25.2244 40 hrs/week Human Resources Director 32.7736/46.6931 Exempt Human Resources Benefits & Risk Management Coordinator 17.5519/25.7936 40 hrs/week ORDINANCE NO. 9337(Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Human Resources Recruiter 17.5519/25.7936 40 hrs/week Human Resources Specialist 16.2210/22.8215 40 hrs/week Information Technology Manager 29.4608/41.4516 Exempt Legal Secretary 19.3020/25.9564 40 hrs/week Librarian I 16.8600/23.4534 Exempt Librarian II 18.6711/26.3024 Exempt Library Assistant I 11.8132/16.2597 40 hrs/week Library Assistant II 13.0138/17.9385 40 hrs/week Library Assistant Director 21.2658/30.3114 Exempt Library Director 28.7745/40.5034 Exempt Library Page 7.5600/10.4599 40 hrs/week Library Secretary 14.1331/20.0855 40 hrs/week Maintenance Worker – Golf 14.1865/20.0066 40 hrs/week Manager of Engineering Services 31.3695/45.0244 Exempt Meter Reader Supervisor 17.8435/25.1290 Exempt Office Manager – Police Department 15.4558/21.4088 40 hrs/week Parks and Recreation Director 32.5449/45.7755 Exempt Parks Superintendent 22.7411/32.1631 Exempt Payroll Specialist 16.2210/22.8215 40 hrs/week Planning Director 32.2698/45.3986 Exempt Police Captain 27.2486/38.3293 Exempt Police Chief 34.6459/49.0944 Exempt Power Plant Maintenance Supervisor 28.5419/40.1479 Exempt Power Plant Operations Supervisor 29.7110/42.7758 Exempt Power Plant Superintendent – Burdick 32.5404/45.7903 Exempt Power Plant Superintendent – PGS 37.5140/52.7646 Exempt Project Manager – Public Works 28.9275/40.7000 Exempt Public Information Officer 20.4314/28.7545 Exempt Public Works Director 36.4524/51.2964 Exempt Public Works Engineer 30.2000/42.5000 Exempt Receptionist 12.6170/18.2540 40 hrs/week ORDINANCE NO. 9337(Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Recreation Coordinator 16.4835/22.9955 Exempt Recreation Superintendent 21.2963/30.5555 Exempt Regulatory and Environmental Manager 28.1473/39.5929 Exempt Senior Accountant 26.7806/37.2813 Exempt Senior Electrical Engineer 32.7126/45.1058 Exempt Senior Public Safety Dispatcher 16.4835/22.5275 40 hrs/week Senior Utility Secretary 14.5757/20.8130 40 hrs/week Shooting Range Superintendent 21.2963/30.5555 Exempt Solid Waste Division Clerk - Full Time 14.5401/19.4750 40 hrs/week Solid Waste Division Clerk - Part Time 12.9463/17.6842 40 hrs/week Solid Waste Foreman 16.1559/22.7331 40 hrs/week Solid Waste Superintendent 23.3808/32.9011 Exempt Street Superintendent 23.9113/34.8086 Exempt Street Foreman 18.8034/26.7195 40 hrs/week Turf Management Specialist 20.8588/29.5279 40 hrs/week Utility Director 52.8795/75.7733 Exempt Utility Production Engineer 33.4540/47.0808 Exempt Utility Services Manager 27.2181/37.8815 Exempt Utility Warehouse Supervisor 22.2019/31.0134 40 hrs/week Victim Assistance Unit Coordinator 12.7696/17.9792 40 hrs/week Wastewater Engineering/Operations Superintendent 26.0989/36.9251 Exempt Wastewater Plant Chief Operator 19.2816/27.1774 40 hrs/week Wastewater Plant Maintenance Supervisor 23.3109/31.3899 40 hrs/week Wastewater Plant Process Supervisor 24.1656/32.5804 40 hrs/week Water Superintendent 24.6449/34.8086 Exempt Water Supervisor 21.2759/30.6573 40 hrs/week Worker / Seasonal 7.2500/20.0000 Exempt Worker / Temporary 7.2500/20.0000 40 hrs/week ORDINANCE NO. 9337(Cont.) - 5 - A shift differential of $0.10 per hour shall be added to the base hourly wage for persons in the employee classification Senior Public Safety Dispatcher who work a complete shift that begins between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by cont ract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 14.3613/21.2743 40 hrs/week Fleet Services Mechanic 16.3825/24.2718 40 hrs/week Horticulturist 15.1638/22.5063 40 hrs/week Maintenance Worker – Cemetery 14.2525/21.1310 40 hrs/week Maintenance Worker – Parks 14.1574/21.0022 40 hrs/week Maintenance Worker – Streets 13.8581/20.5436 40 hrs/week Senior Equipment Operator – Streets 15.7348/23.3375 40 hrs/week Senior Maintenance Worker – Streets 15.7348/23.3375 40 hrs/week Traffic Signal Technician 15.7348/23.3375 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: ORDINANCE NO. 9337(Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 14.4214/19.0838 14.6738/19.4178 40 hrs/week Cashier 13.2364/18.0369 13.4680/18.3525 40 hrs/week Custodian 15.4563/18.2518 15.7268/18.5712 40 hrs/week Electric Distribution Crew Chief 28.2329/35.9069 28.7270/36.5353 40 hrs/week Electric Underground Crew Chief 28.2329/35.9069 28.7270/36.5353 40 hrs/week Engineering Technician I 17.7918/25.4568 18.1032/25.9023 40 hrs/week Engineering Technician II 21.9942/30.1571 22.3791/30.6848 40 hrs/week GIS Coordinator 22.6286/31.7526 23.0246/32.3083 40 hrs/week Instrument Technician 26.5386/35.0596 27.0030/35.6731 40 hrs/week Lineworker Apprentice 17.2099/25.2351 17.5111/25.6767 40 hrs/week Lineworker First Class 26.0863/30.8526 26.5428/31.3925 40 hrs/week Materials Handler 21.4797/28.7929 21.8556/29.2968 40 hrs/week Meter Reader 15.4761/20.1811 15.7469/20.5343 40 hrs/week Meter Technician 20.8076/25.7161 21.1717/26.1661 40 hrs/week Power Dispatcher I 26.0574/36.2300 26.5134/36.8640 40 hrs/week Power Dispatcher II 27.3685/38.0468 27.8474/38.7126 40 hrs/week ORDINANCE NO. 9337(Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Maintenance Mechanic 24.6660/30.7139 25.0977/31.2514 40 hrs/week Power Plant Operator 29.1394/33.9424 29.6493/34.5364 40 hrs/week Senior Accounting Clerk 16.2100/21.2338 16.4937/21.6054 40 hrs/week Senior Engineering Technician 27.8288/34.0562 28.3158/34.6522 40 hrs/week Senior Materials Handler 24.7316/32.2591 25.1644/32.8236 40 hrs/week Senior Meter Reader 18.3291/21.7545 18.6499/22.1352 40 hrs/week Senior Power Dispatcher 31.6593/43.4454 32.2133/44.2057 40 hrs/week Senior Power Plant Operator 28.7299/36.8309 29.2327/37.4754 40 hrs/week Senior Substation Technician 33.8273/35.0596 34.4193/35.6731 40 hrs/week Senior Water Maintenance Worker 20.0983/26.4649 20.4500/26.9280 40 hrs/week Substation Technician 31.3152/32.5583 31.8632/33.1281 40 hrs/week Systems Technician 27.5975/35.0596 28.0805/35.6731 40 hrs/week Tree Trim Crew Chief 24.7220/30.7011 25.1546/31.2384 40 hrs/week Utility Electrician 24.7743/32.5583 25.2079/33.1281 40 hrs/week Utility Technician 24.1970/34.0365 24.6204/34.6321 40 hrs/week Utility Warehouse Clerk 17.8792/22.0587 18.1921/22.4447 40 hrs/week ORDINANCE NO. 9337(Cont.) - 8 - Classification Hourly Pay Range Min/Max Overtime Eligibility Water Maintenance Worker 16.7450/23.1567 17.0380/23.5619 40 hrs/week Wireworker I 18.8115/26.5994 19.1407/27.0649 40 hrs/week Wireworker II 26.0863/30.8526 26.5428/31.3925 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift different ial as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 17.8037/24.8884 Police Sergeant 22.2831/30.5330 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of ORDINANCE NO. 9337(Cont.) - 9 - eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of fifty (50) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the training and special events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 16.9624/23.5195 212 hrs/28 days Firefighter / EMT 12.6022/18.2885 212 hrs/28 days Firefighter / Paramedic 14.0702/19.8718 212 hrs/28 days IAFF employees will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period. ORDINANCE NO. 9337(Cont.) - 10 - SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 14.3249/20.1564 14.5040/20.4084 40 hrs/week Equipment Operator – WWTP 16.2630/22.8838 16.4663/23.1698 40 hrs/week Maintenance Mechanic I 16.2630/22.8838 16.4663/23.1698 40 hrs/week Maintenance Mechanic II 18.2093/25.6223 18.4369/25.9426 40 hrs/week Maintenance Worker – WWTP 16.2630/22.8838 16.4663/23.1698 40 hrs/week Senior Equipment Operator – WWTP 17.5790/24.7353 17.7987/25.0445 40 hrs/week Wastewater Clerk 12.2368/17.2182 12.3898/17.4334 40 hrs/week Wastewater Plant Laboratory Technician 17.2638/24.2919 17.4796/24.5955 40 hrs/week Wastewater Plant Operator I 14.5453/20.4669 14.7271/20.7227 40 hrs/week Wastewater Plant Operator II 16.2630/22.8838 16.4663/23.1698 40 hrs/week ORDINANCE NO. 9337(Cont.) - 11 - SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-Service/Clerical labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 15.5354/20.7381 40 hrs/week Accounts Payable Clerk 14.7357/21.3196 40 hrs/week Administrative Assistant 15.3277/21.9842 40 hrs/week Audio Video Technician 15.4730/21.8284 40 hrs/week Building Inspector 19.1389/27.1558 40 hrs/week Building Secretary 14.4242/20.4992 40 hrs/week Community Development Administrator 16.6985/24.0093 Exempt Community Development Specialist 15.3277/21.9842 40 hrs/week Computer Operator 18.6196/24.4767 40 hrs/week Computer Programmer 21.2365/31.1227 40 hrs/week Computer Technician 19.1782/25.2114 40 hrs/week Electrical Inspector 19.1389/27.1558 40 hrs/week Emergency Management Coordinator 14.4242/20.4992 40 hrs/week Engineering Technician – Public Works 19.6892/27.7684 40 hrs/week Evidence Technician 14.3204/20.9561 40 hrs/week Finance Secretary 14.4242/20.4992 40 hrs/week GIS Coordinator 21.8310/30.6333 40 hrs/week Maintenance Worker I – Building, Library 15.0473/20.3642 40 hrs/week Maintenance Worker II – Building, Police 15.8573/21.4961 40 hrs/week Parks and Recreation Secretary 14.4242/20.4992 40 hrs/week Planning Secretary 14.4242/20.4992 40 hrs/week Planning Technician 19.7483/27.7850 40/hrs/week Plans Examiner 19.1389/27.1558 40 hrs/week Plumbing Inspector 19.1389/27.1558 40 hrs/week ORDINANCE NO. 9337(Cont.) - 12 - Police Records Clerk – Full Time 12.8769/17.9239 40 hrs/week Public Safety Dispatcher 14.5384/21.2365 40 hrs/week Shooting Range Operator 19.9799/27.0830 40 hrs/week Stormwater Technician 19.6892/27.7684 40 hrs/week Utility Secretary 14.4242/20.4992 40 hrs/week A shift differential of $0.10 per hour shall be added to the base hourly wage for persons in the employee classification Public Safety Dispatcher who work a complete shift that begins between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All employees covered by the IAFF labor agreement shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $484.00 per year, divided into twenty-four (24) pay periods. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such employee covered by the IAFF or FOP labor agreements shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08 per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing allowance of $650.00 per year, divided into 26 pay periods. ORDINANCE NO. 9337(Cont.) - 13 - Non-union employees and employees covered by the FOP labor agreement, the IBEW Utilities, Finance and Service/Clerical labor agreements may receive an annual stipend not to exceed $1,000 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities and IBEW – Finance labor agreements shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground Superintendent, and Engineering Technician Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreement and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, ORDINANCE NO. 9337(Cont.) - 14 - the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) All employees covered in the IBEW Utilities and IBEW Finance labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty-eight and one third hours (calculated at 47% x 1039 hours = 488.33 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety-eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed three hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours). Employees covered by the IBEW Service/Clerical labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for forty percent ORDINANCE NO. 9337(Cont.) - 15 - (40%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 433.60 hours (calculated at 40% x 1084 hours = 433.60 hours.) Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. All employees covered by the AFSCME labor agreement shall be paid forty-five (45%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred seventy-eight and eighty hundredths hours (calculated at 45% x 1064 hours = 478.80 hours). All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred five hours (calculated at 37.5% x 1,080 hours = 405 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave bank at the time of their death, not to exceed five hundred forty hours (50% x 1,080 hours = 540 hrs.), based on the employee’s salary at the time of their death. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be ORDINANCE NO. 9337(Cont.) - 16 - based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by the IBEW Service/Clerical labor agreement shall have a contribution made on their behalf to the VEBA account of $15 per pay period. SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 12. The position of Fleet Services Shop Foremanadjustments identified herein shall be effective on the date of passage and publicatio n in pamphlet form in one issue of the Grand Island Independent as provided by law retroactive to September 25October 10, 2011. The remaining adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law effective October 10, 2011. SECTION 13. Those portions of Ordinance No. 9326 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: October 11, 2011. ORDINANCE NO. 9337(Cont.) - 17 - ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9335 - Consideration of City Council’s Approval of All Individual City Negotiators Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Councilman Larry Carney City of Grand Island City Council Council Agenda Memo From: Larry Carney, Council Member Meeting: October 11, 2011 Subject: Consideration of City Council’s Approval of All Individual City Negotiators Item #’s: F-4 Presenter(s): Robert Sivick, City Attorney Background On September 27, 2011 the City Council passed Ordinance No. 9335 which mandated Council prior approval of any person designated to negotiate labor contracts on behalf of the City. After debate and discussion Ordinance No. 9335 passed by a Council vote of six in favor and three opposed. The six yes votes constituted a majority of Council members in favor, and Ordinance No. 9335 was approved. The Mayor subsequently vetoed the passage of Ordinance No. 9335 under the authority of §2-16 City Code. Discussion Mr. Carney believes it to be in the City’s best interest to require the City Council to approve all City negotiators prior to commencement of labor negotiations on behalf of the City. In order to override the Mayor’s veto, City Code requires a two-thirds vote of all members elected to the Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Motion to override the veto. 2. Take no action on the issue Recommendation Mr. Carney recommends that the Council override the Mayor’s veto and allow Ordinance No. 9335 to stand as originally approved by Council on September 27, 2011. Sample Motion Motion to override the Mayor’s veto of Ordinance No. 9335 and allow Ordinance No. 9335 to stand as originally approved by Council on September 27, 2011. Approved as to Form ¤ ___________ October 10, 2011 ¤ City Attorney ORDINANCE NO. 9335 WHEREAS, pursuant to Neb Rev. Stat. §16-201, the City has authority, by Ordinance to make all rules and regulations, not inconsistent with state laws; and WHEREAS, an ordinance to require the City Council’s approval of all individual City negotiators prior to entering into labor contract negotiations, on behalf of the City, with any individual or union; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The Mayor and Council hereby find and determine: that it is in the City’s best interest to require the City Council to approve all City negotiators prior to labor negotiations on behalf of the City. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication in one issue of the Grand Island Independent, within fifteen days as provided by law. Enacted: October 11, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of September 27, 2011 City Council Regular Meeting Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 27, 2011 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 27, 2011. Notice of the meeting was given in The Grand Island Independent on September 21, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember Chuck Haase was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, and Public Works Director John Collins. INVOCATION was given by Councilmember Peg Gilbert followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Michael Hollman and Stephanie Chandler. Mayor commented on the Hero’s Climb and plaque received. Congratulations were given to the entire community for the Hero Flights. Mentioned was Harvest of Harmony Parade this Saturday. City Administrator Mary Lou Brown announced that the Quiet Zone project was moving forward. Councilmember Gilbert commented on the Christian School open house and the thanks extended to the City Council for improvements at the Five Points area. PRESENTATIONS AND PROCLAMATIONS: Recognition of Dale Hilderbrand, Police Sergeant with the Grand Island Police Department for 20 Years of Service with the City of Grand Island. Mayor Vavricek and the City Council recognized Sergeant Dale Hilderbrand for 20 years of service with the Grand Island Police Department. Police Chief Lamken commented on Sgt. Hilderbrand’s service with the department and introduced Sgt. Hilderbrand. Recognition of Fred Schritt for Donation for New Police Service Dog. Mayor Vavricek and the City Council recognized Fred Schritt for his $5,000 donation to the Police Department to purchase a new K-9 police service dog “Noa”. Police Chief Lamken explained the process of purchasing Noa. Officer Ryan Rathbun, handler and Noa along with Mr. Schritt were present for the recognition. Recognition of Bud Jeffries for Service on the Hall County Board of Supervisors. This item was postponed to the October 11, 2011 City Council meeting. Recognition of the Edgar and Frances Reynolds Foundation for Donation of the Flooring at the Fieldhouse. Mayor Vavricek and the City Council recognized the Edgar and Frances Reynolds Foundation for their $35,000 donation to purchase the floor covering at the Community Page 2, City Council Regular Meeting, September 27, 2011 Fieldhouse. Parks and Recreation Director Steve Paustian commented on the donation. Fred Glade and Kathy Huwald t were present for the recognition. Recognition of the Fred and Amanda Glade Foundation for Donation of the Indoor Playground Equipment at the Fieldhouse. Mayor Vavricek and the City Council recognized the $15,000 donation to purchase the indoor playground equipment at the Community Fieldhouse. Fred Glade and Kathy Huwald t were present for the recognition. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement located at 502 East Capital Avenue (Iglesia De Dios Eben-Ezer). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 502 East Capital Avenue was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of locating new electrical service for the primary cable, conduit, and pad-mounted transformer. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 2627 W. Highway 30 - Floor to Ceiling Store (Jim & Donna Narber). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2627 W. Highway 30 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of locating a new high voltage cable, conduit, and pad-mounted transformer. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 3405 South Blaine Street (Kurt & Shirley McCallum). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3405 South Blaine Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of locating primary electric cable, conduit, and a pad-mounted single phase transformer. Staff recommended approval. No public testimony was heard. Public Hearing on Request to Rezone Properties Located North and West of US Hwy 281 and South of Airport Road from AG2 – Secondary Agricultural to B2 – General Business. Regional Planning Director Chad Nabity reported that this request was submitted by Luke Olson to rezone properties located north and west of US Highway 281 and south of Airport Road from AG2 Secondary Agriculture to B2 General Business. This would allow Mr. Olson to provide Ag Services from this location consisting of seed sales and insurance. This would not be a high traffic business and no fertilizer would be at this location. Staff recommended approval. No public testimony was heard. Public Hearing on Annexation for Property Located South of Airport Road/U.S. Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park and the Veterans Field being Platted as Olson Subdivision (Area 3a). This item was pulled from the agenda. Public Hearing on Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6). This item was pulled from the agenda. Page 3, City Council Regular Meeting, September 27, 2011 Public Hearing on Annexation of Property Located North of U.S. Highway 34 on the East Side of South Locust Street (Annexation Area 7). This item was pulled from the agenda. Public Hearing on Annexation of Property Located North of Husker Highway to the West Side of U.S. Highway 281 and Prairieview Street (Annexation Area 12). This item was pulled from the agenda. Public Hearing on Annexation of Property Located South of Old Potash Highway on the West Side of North Road (annexation Area 13). This item was pulled from the agenda. Public Hearing on Annexation of Property Located South of 13th Street on the East and West Side of North Road and North of Faidley Avenue (Annexation Area 14). This item was pulled from the agenda. Public Hearing on Annexation of Olson Subdivision Located South of Airport Road and North and West of U.S. Highway 281. Regional Planning Director Chad Nabity reported that all property subdivided adjacent to the Corporate Limit of the City of Grand Island had to be annexed into the City at the time of the subdivision approval. Phil and Linda Mader, owners, had submitted the property of Olson Subdivision as an addition to the City of Grand Island. Mr. Nabity stated the next step was for Council to hold a public hearing and consider approval of the ordinances to annex the property. Annexation ordinances were to be read at three separate meetings. Staff recommended approval. No public testimony was heard. Public Hearing on Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. City Administrator Mary Lou Brown introduced Mark Stelk who gave the CRC report. Marlan Ferguson, President of the Economic Development Corporation gave a PowerPoint presentation of the annual report. Staff recommended approval. Ray Saunders, General Manager of Standard Iron spoke in support. No further public testimony was heard. ORDINANCES: The following Ordinances were pulled from the agenda: #9328 – Consideration of Annexation for Property Located South of Airport Road/U.S. Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park and Veterans Field (Annexation Area 3a) (First Reading) #9329 – Consideration of Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6) (First Reading) #9330 – Consideration of Annexation of Property Located North of U.S. Highway 34 on the East Side of South Locust Street (Annexation Area 7) (First Reading) #9331 – Consideration of Annexation of Property Located North of Husker Highway to the West Side of U.S. Highway 281 and Prairieview Street (Annexation Area 12) (First Reading #9332 – Consideration of Annexation of Property Located south of Old Potash Highway on the West Side of North Road (Annexation Area 13) (First Reading) Page 4, City Council Regular Meeting, September 27, 2011 #9333 – Consideration of Annexation of Property Located South of 13th Street on the East and West Side of North Road and North of Faidley Avenue (Annexation Area 14) (First Reading) Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9327 – Consideration of Request to Rezone Properties Located North and West of U.S. Hwy 281 and South of Airport Road from AG2 – Secondary Agricultural to B2 – General Business #9335 – Consideration of City Council’s Approval of all Individual City Negotiators be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. #9327 – Consideration of Request to Rezone Properties Located North and West of U.S. Hwy 281 and South of Airport Road from AG2 – Secondary Agricultural to B2 – General Business Regional Planning Director Chad Nabity reported this item related to the aforementioned Public Hearing. Motion by Dugan, second by Gilbert to approve Ordinance #9334. City Clerk: Ordinance #9327 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9327 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9327 is declared to be lawfully adopted upon publication as required by law. #9335 – Consideration of City Council’s Approval of all Individual City Negotiators Councilmember Larry Carney reported that Ordinance #9335 intent was to involve the City Council in the negotiation process. Reasons mentioned were transparency, credibility to the process, and responsibility by the Council to represent the best interest of the citizens of Grand Island. Motion by Carney, second by Niemann to approve Ordinance #9335. Lewis Kent, 624 Meves Avenue commented on the responsibility of the Council. Page 5, City Council Regular Meeting, September 27, 2011 Discussion was held regarding the selection process of negotiators and possible delay in negotiations due to the selection process and Council approval. Comments were made concerning Council having the final vote on contracts. Mentioned was more information was given to Council this year due to the numerous closed sessions held. Human Resources Director Brenda Sutherland commented on the negotiation representatives for the City which were written in the job descriptions of the Human Resources Director, City Attorney, and Finance Director. Explained was the hiring of a private negotiator to help with union negotiations for the Fire and Police due to not having a City Attorney and Finance Director at the time and all seven union contracts expiring this year. City Clerk: Ordinance #9335 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Niemann, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember’s Ramsey, Gilbert, and Nickerson voted no. Motion adopted. City Clerk: Ordinance #9335 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Niemann, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember’s Ramsey, Gilbert, and Nickerson voted no. Motion adopted. Mayor Vavricek spoke against the motion to approve Ordinance #9335 explaining the current negotiation process was working well. Mayor Vavricek exercised his right to veto Ordinance #9335. Discussion was held regarding overriding the veto. City Attorney Robert Sivick stated it would take 7 votes by Council to override the veto and there was no time frame specified in City Code as to when the Council could do that. #9334 – Consideration of Annexation of Olson Subdivision Located south of Airport Road and North and West of U.S. Highway 281 (First Reading) Regional Planning Director Chad Nabity reported this item related to the aforementioned Public Hearing. Motion by Gilbert, second by Gard to approve Ordinance #9334 on first reading. Upon roll call vote all voted aye. Motion adopted. CONSENT AGENDA: Consent agenda item G-14 was removed for further discussion. Motion by Ramsey, second by Donaldson to approve the Consent Agenda excluding item G-14. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 13, 2011 City Council Regular Meeting. Approving Appointment of Eric D. Edwards to the Business Improvement District #8 Board. Approving Re-Appointment of Tom Gdowski to the Community Redevelopment Authority Board. Page 6, City Council Regular Meeting, September 27, 2011 Approving Re-Appointment of Bob Loewenstein to the Animal Advisory Board. Approving Garbage Permits for Clark Brothers Sanitation, He3artland Disposal, Mid-Nebraska Disposal, Inc. and Refuse Permits for Full Circle, Inc. and O’Neill Transportation and Equipment. #2011-259 – Approving Final Plat and Subdivision Agreement for Bosselville Third Subdivision. It was noted that Bosselman Incorporated, owner had submitted the Final Plat and Subdivision Agreement for Bosselville Third Subdivision for the purpose of creating 2 lots on property located north of Interstate 80 and west of US Hwy 281 in the two mile extraterritorial jurisdiction containing 34/12 acres. #2011-260 – Approving Acquisition of Utility Easement located at 502 East Capital Avenue (Iglesia De Dios Eben-Ezer). #2011-261 – Approving Acquisition of Utility Easement located at 2627 W. Highway 30 – Floor to Ceiling Store (Jim & Donna Narber). #2011-262 – Approving Acquisition of Utility Easement located at 3405 South Blaine Street (Kurt & Shirley McCallum). #2011-263 – Approving Bid Award for Pipe Painting and Insulation at Platte Generation Station with O’Neill Transportation and Equipment, LLC of Grand Island, Nebraska in an Amount of $50,655.00. #2011-264 – Approving Support of Nebraska Challenge to EPA Cross State Air Pollution Rule. #2011-265 – Approving Certificate of Final Completion with Diamond Engineering Co. of Grand Island, Nebraska and Setting November 8, 2011 Date for Board of Equalization for Water Main District 456T – Engleman Road – 13th Street. #2011-266 – Approving Certificate of Final Completion with Diamond Engineering Co. of Grand Island, Nebraska for Water Main Project 2011-W-1 – 7th Street between Elm and Clark Streets, and Clark Street from 7th to 9th Street. #2011-268 – Approving Agreement for Funding with the Crisis Center, Inc. in an Amount of $4,800.00. #2011-269 – Approving Agreement for Funding with the Grand Island Area Council for International Visitors in an Amount of $400.00. #2011-270 – Approving Agreement for Funding with the Grand Island Hall County Convention & Visitors Bureau in an Amount of $4,000.00. #2011-271 – Approving Agreement for Funding with Izaak Walton Kids Fishing Derby in an Amount of $800.00. Page 7, City Council Regular Meeting, September 27, 2011 #2011-272 – Approving Agreement for Funding with Hope Harbor in an Amount of $1,800.00. #2011-273 – Approving Agreement for Funding with the Grand Island Multicultural Coalition in an Amount of $4,000.00. #2011-274 – Approving Agreement for Funding with Senior Citizens Industries, Inc. in an Amount of $6,000.00. #2011-275 – Approving Agreement for Funding with the Clean Community System in an Amount of $20,000.00. #2011-276 – Approving Concrete Ditch Liner and Headwall East of Harrison Street with Diamond Engineering Company of Grand Island, Nebraska in an Amount of $23,261.00. #2011-277 – Approving Continuation of Sanitary Sewer District No. 528, Wildwood Subdivision. #2011-278 – Approving Agreement for Engineering Consulting Services Related to Grand Island Resurfacing – Various Locations with Olsson Associates of Omaha, Nebraska. #2011-279 – Approving Agreement for Engineering Consulting Services Related to 3rd Street and Wheeler Avenue Historical Lighting with Olsson Associates of Omaha, Nebraska. #2011-280 – Approving Bid Award for Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3 with Diamond Engineering Company of Grand Island, Nebraska in an Amount of $69,664.40. #2011-281 – Approving Bid Award in Concrete for Sludge Storage Building Project No. 2011- WWTP-4 for Wastewater Division of the City of Grand Island with L & L Concrete & Construction, Inc. of Grand Island in an amount of $160,843.99. #2011-282 – Approving Agreement with Olsson Associates of Grand Island, Nebraska for an Update to the Groundwater Study. #2011-283 – Approving Agreement for Engineering Consulting Services Related to capital Avenue Widening – Webb Road to Broadwell Avenue with Olsson Associates of Omaha, Nebraska. #2011-284 – Approving Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. #2011-285 – Approving Continuation of Water Main District #457 – Pioneer Blvd. – Ordinance #9300. #2011-286 – Approving Continuation of Water Main District #459 – Park Drive – Ordinance #9301. Page 8, City Council Regular Meeting, September 27, 2011 #2011-287 – Approving Continuation of Water Main District #460 – Grand Avenue, Riverview Drive, and August Street – Ordinance #9302. #2011-288 – Approving Continuation of Water Main District #461 – Hagge Avenue – Ordinance #9303. #2011-289 – Approving Continuation of Water Main District #464 – Antelope Drive – Ordinance #9306. #2011-290 – Approving Continuation of water Main District #465 – Elk & Cougar Drives – Ordinance #9307. #2011-291 – Approving Repeal of Water Main District #462 – Chochin Street – Ordinance #9304. #2011-292 – Approving Repeal of Water Main District #463 – Bantam & Brahma Streets – Ordinance #9305. #2011-293 – Approving Maintenance Consent Letter for Public Road Crossing with Union Pacific Railroad Company at the Oak Street and Pine Street Crossings. #2011-267 – Approving Four Railroad Crossing Agreements with BNSF Railroad (East Stolley Park, Mile Post 92.3, Mile Post 92.56, and Shady Bend Crossings). Utilities Director Tim Luchsinger explained the crossing agreeme nts with Burlington Northern Santa Fe. Discussion was held regarding the benefit to the City and the costs. Mr. Luchsinger stated these were only for the electrical utilities and that more agreements would come before the Council for water and sewer. Motion by Gilbert, second by Dugan to approve Resolution #2011-267. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2011-294 – Consideration of Approving Funding of Economic Development Request. This item related to the aforementioned Public Hearing. Comments were made concerning the rise in medium average income in Grand Island. Questioned was the drop in EDC funds used for recruitment and promotional events. Mr. Ferguson explained more funds in the last couple of years were being used to purchases land. Motion by Nickerson, second by Gilbert to approve Resolution #2011-294. Upon roll call vote, all voted aye. Motion adopted. #2011-295 – Consideration of Approving Jaye Monter as Interim Finance Director. Mayor Vavricek submitted the appointment of Jaye Monter as Interim Finance Director. Lewis Kent, 624 Meves Avenue spoke in opposition. City Administrator Mary Lou Brown clarified and answered questions from Mr. Kent concerning no qualified applicants at the time Page 9, City Council Regular Meeting, September 27, 2011 the Finance Director’s position was advertised. Jaye Monter was present and thanked the Council for the appointment. Motion by Carney, second by Niemann to approve Resolution #2011-295. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gilbert to approve the Claims for the period of September 13, 2011 through September 27, 2011, for a total amount of $4,858,066.72. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Ramsey to adjourn to Executive Session at 9:15 p.m. for the purpose of union negotiation updates with IBEW – (Utilities, Finance, and Wastewater); annual job performance review of City Administrator Mary Lou Brown, and discussion concerning possible litigation. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gard, second by Dugan to return to Regular Session at 10:45 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 10:45 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of October 4, 2011 City Council Study Session Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION October 4, 2011 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on October 4, 2011. Notice of the meeting was given in the Grand Island Independent on September 28, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, and John Gericke. Councilmember’s Chuck Haase, Larry Carney, Scott Dugan, and Randy Gard were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Bob Sivick, and Interim Finance Director Jaye Monter. PLEDGE OF ALLEGIANCE was said. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Tori Katzberg and Jackson Buck and thanked them for being at the meeting. Mayor thanked all the people involved in the Harvest of Harmony Parade. Comments were made concerning five International visitors from Tajikitsan and seven visitors from Latin America visiting this week. Mentioned was correspondence received by the Mayor and an upcoming Knickrehm School reading event. Mayor thanked City Administrator Mary Lou Brown for her leadership during budget meetings and Human Resources Director Brenda Sutherland for her work on union negotiations. Mayor thanked the Grand Island Independent for supporting the Mayor in vetoing Ordinance #9355. Explained were his reasons for vetoing the vote. Mentioned was that the veto procedure was allowed under City Code and had not been used much in the past. OTHER ITEMS: Granicus Presentation. Pat Larsen, GIS Coordinator presented a Granicus demonstration outlining the benefits of this program on the web-site. Live streaming was shown and the benefits for people anywhere in the world with connection to the internet to watch. Also presented was how to access, navigate, and search the many online streaming programming available to the public. Pictometry aerial photos, which was a joint effort with Hall County, was included in the demonstration. Discussion of Agreement for Professional Engineering Services Entitled “Wastewater Treatment Plant and Collection System Rehabilitation”. Page 2, City Council Study Session, October 4, 2011 Terry Brown, Public Works Manager of Engineering Services provided background on the need of the rehabilitation and the contractual process for the Wastewater Treatment Plan and Collection System. Presented were the following initial engineering contract CIP components: Northeast Interceptor $15.70M Collection System Rehabilitation 4th – 5th Streets & Eddy-Vine $ 1.10M South Interceptor $ 2.98M West Interceptor $ 0.91M Wastewater Treatment Plant $ 9.22M $29.91M Interceptor lines were explained as large diameter lines which collected large amounts of waste and takes it directly to the Wastewater Treatment Plant. Derek Cambridge, Project Director with Black & Veatch presented the three critical need areas: Collection System Rehabilitation; Collection System Planning and Improvements; and Wastewater Treatment Plant Rehabilitation. Reviewed were maps of the sanitary sewer main interceptors and pictures of the lines showing the wear and need for replacement. Mayor asked CYC students Tori Katzburg and Jackson Buck what would happen if the interceptor lines collapsed. Ms. Katzburg answer it would get a little messy. Kevin Meador, Project Manager with Black & Veatch presented the following Project Components: · Planning Study * Collection System Model * Northeast Interceptor Corridor Study · Collection System Rehabilitation * Northeast Interceptor (7th to WWTP) * 4th – 5th Streets & Eddy – Vine Streets * South & West Interceptor · WWTP Rehabilitation * Influent Pumping & Screening * Flow Measurement * Grit Removal Comments were made concerning public awareness and impact to the citizens. The following Project Phasing was explained: · Phase 1 * Planning Studies * Conceptual Design Page 3, City Council Study Session, October 4, 2011 * Preliminary Design · Phase 2 * Preliminary Design * Final Design * Bidding · Phase 3 * Construction Mr. Meador reviewed the project schedule with Phase 1 – Planning being completed in 2012. Mr. Brown stated the cost for Phase 1 was as follows: · Project Management $103,360 · Initial Planning Studies $407,000 Conceptual & Preliminary Design · 4th – 5th & Eddy to Vine $166,040 West & South Interceptors · WWTP $274,800 · Northeast Interceptor $169,960 $1,121,160 Amendments to the contract wo uld be brought to Council in the spring of 2012. Discussion was held regarding conducting this design in-house. Mr. Brown stated this would take approximately 40 engineers and 6,000 hours of time to design. City Administrator Brown answered questions concerning borrowing (bonding) money now with lower interest rates to pay for this project. This was a multiple year project and there was no need to borrow money until it was needed. Mentioned was that within the budget of the Public Works Department there was money built in if there was failure to the system. Discussion was held regarding building a new plant to the west part of town. Mr. Brown stated at one time there was a small plant at the CAAP land. Several locations had been looked at over the years. The cost of a new plant would be cost prohibitive. Comments were made that gravity flow was the way to go. Mentioned was that the existing interceptor lines were in current easements and a re-route or new route would require property/easement acquisition. ADJOURNMENT: The meeting was adjourned at 8:35 p.m. RaNae Edwards City Clerk Item G3 Approving Appointment of Dennis McCarty to the Regional Planning Commission Board The Mayor has submitted the appointment of Dennis McCarty to replace Ray Aguilar on the Regional Planning Commission Board. This appointment would become effective immediately upon approval by the City Council and would expire on October 31, 2014. Approval is recommended. Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Appointment of James Phipps to the Citizens’ Review Committee Board The Mayor has submitted the appointment of James Phipps to replace Ed Armstrong on the Citizens' Review Committee Board. This appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Approval is recommended. Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G5 #2011-296 - Approving City Council Meeting Schedule for 2012 Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: October 11, 2011 Subject: City Council Meeting Schedule for 2012 Item #’s: G-5 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Chapter 2 specifies that Regular Meetings of the City Council shall be held in the Council Chambers of City Hall on the second and fourth Tuesdays of each month beginning at 7:00 p.m. City Council approved Ordinance No. 9009 on September 27, 2005 amending Chapter 2 of the Grand Island City Code allowing Study Sessions to be held at the discretion of the City Council. Discussion The City Clerk has prepared the proposed 2012 meeting schedule. This provides for the first City Council meeting to be a Regular Meeting on Tuesday, January 10, 2012. See attached proposed meeting dates. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the 2012 meeting schedule as presented 2. Refer the issue to a Committee 3. Modify the 2012 meeting schedule to meet the wishes of the Council 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed 2012 City Council meeting schedule. Sample Motion Move to approve the 2012 City Council meeting schedule as proposed. PROPOSED 2012 CITY COUNCIL MEETING DATES January 10, 2012 July 10, 2012 January 24, 2012 July 24, 2012 February 14, 2012 August 14, 2012 February 28, 2012 August 28, 2012 March 13, 2012 September 11, 2012 March 27, 2012 September 25, 2012 April 10, 2012 October 9, 2012 April 24, 2012 October 23, 2012 May 8, 2012 November 13, 2012 May 22, 2012 November 27, 2012 June 12, 2012 December 4, 2012 June 26, 2012 December 18, 2012 Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney R E S O L U T I O N 2011-296 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City Council of the City of Grand Island, Nebraska will meet in the Council Chambers, 100 East First Street at 7:00 p.m. on the below-mentioned dates: 2012 City Council Meetings: January 10, 2012 July 10, 2012 January 24, 2012 July 24, 2012 February 14, 2012 August 14, 2012 February 28, 2012 August 28, 2012 March 13, 2012 September 11, 2012 March 27, 2012 September 25, 2012 April 10, 2012 October 9, 2012 April 24, 2012 October 23, 2012 May 8, 2012 November 13, 2012 May 22, 2012 November 27, 2012 June 12, 2012 December 4, 2012 June 26, 2012 December 18, 2012 - - - Adopted by the City Council of the City of Grand Island, Nebraska on October 11, 2011. _____________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G6 #2011-297 - Approving Acquisition of Utility Easement - 2900 West US Highway 34 - Niedfelt This item relates to the aforementioned Public Hearing item E-1. Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney R E S O L U T I O N 2011-297 WHEREAS, a public utility easement is required by the City of Grand Island, from Doralene Niedfelt, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 11, 2011, for the purpose of discussing the proposed acquisition of a 10’ wide easement west of the following described line, located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northeast corner of Lot Four (4), Lake Heritage Second Subdivision; thence southerly along an easterly line of said Lot Four (4) on an assumed bearing S00°04’48”E, a distance of fifty (50.0) feet to a corner of said Lot Four (4); thence N89°55’12”E, along a northerly line of said Lot Four (4), a distance of eighty (80.0) feet to the ACTUAL Point of Beginning; thence southerly along an easterly line of said Lot Four (4), S00°04’48”E, a distance of one hundred ninety five (195.0) feet. The above-described easement and right-of-way containing a total of 0.045 acres, more or less, as shown on the plat dated 9/12/2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Doralene Niedfelt, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-298 - Approving Acquisition of Utility Easement - 4124 North Webb Road - Leonard & Marlene Mader This item relates to the aforementioned Public Hearing item E-2. Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney R E S O L U T I O N 2011-298 WHEREAS, a public utility easement is required by the City of Grand Island, from Leonard and Marlene Mader, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 11, 2011, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter (SE1/4) of Section Twenty Five (25), Township Twelve (12) North, Range Ten (10) West; thence running northerly along the easterly line of the said Southeast Quarter (SE1/4), on an assumed bearing of N0°45’57”W, a distance of eight hundred seventy seven and seventy five hundredths (877.75) feet; thence S89°14’03”W, a distance of thirty three (33.0) feet, to a point on the westerly right-of-way line of Webb Road being the ACTUAL Point of Beginning; thence S72°08’11”W, a distance of one hundred eleven and eleven hundredths (111.11) feet; thence S88°08’06”W, a distance of two hundred fifty (250.0) feet. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of the Grantor’s property. The above-described easement and right-of-way containing a total of 0.166 acres, more or less, as shown on the plat dated 9/13/2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Leonard and Marlene Mader, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2011-299 - Approving Acquisition of Utility Easement - 2300 West US Highway 34 - Mayhew This item relates to the aforementioned Public Hearing item E-3. Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney R E S O L U T I O N 2011-299 WHEREAS, a public utility easement is required by the City of Grand Island, from Lynn M. and Amy L. Mayhew, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 11, 2011, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northwest corner of Lot Five (5), Lake Heritage Second Subdivision; thence N89°55’12”E along the northerly line of said Lot Five (5), a distance of thirty five and fifty three hundredths (35.53) feet to the ACTUAL Point of Beginning; thence continuing N89°55’12”E along the northerly line of said Lot Five (5), a distance of twenty three and eighty seven hundredths (23.87) feet; thence S33°09’11”E, a distance of fifty six and eight hundredths (56.08) feet; thence S0°04’48”E, a distance of one hundred ninety eight and one hundredths (198.01) feet; thence S89°55’12”W, a distance of ten (10.0) feet to a point on the westerly line of said Lot Five (5); thence N0°04’48”W along the westerly line of said Lot Five (5), a distance of one hundred ninety five (195.0) feet to a point on a northerly line of said Lot Five (5); thence S89°55’12”W along a northerly line of said Lot Five (5), a distance of eleven and ninety one hundredths (11.91) feet; thence N33°09’11”W, a distance of fifty nine and sixty seven hundredths (59.67) feet to a point on the most northerly line of said Lot Five (5), being the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.072 acres, more or less, as shown on the plat dated 9/12 /2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Lynn M. and Amy L. Mayhew, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-300 - Approving Bid Award - Uranium Removal Water Treatment Plant - Building Construction Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy G. Luchsinger, Utilities Director Jason Eley, Assistant City Attorney Meeting Date: October 11, 2011 Subject: Uranium Removal Water Treatment Plant – Building Construction Item #’s: G-9 Presenter(s): Timothy G. Luchsinger, Utilities Director Background The City’s municipal water system is supplied primarily from its Platte River Well Field. This well field is comprised of 21 wells and a pumping station. Testing for State regulatory requirements indicated composite uranium levels to be approaching the Maximum Containment Level (MCL) established by the EPA. Uranium is not an acute concern but rather is a chronic concern over a lifetime of exposure, and sampling and testing of the Grand Island water system thus far show full compliance with the EPA regulation. Testing of individual wells for uranium has indicated most wells exceed this MCL. To allow use of these wells during high water system demand periods, additional piping was installed in the past year for blending with lower uranium concentration wells. Recent testing of uranium concentrations in the wells indicated a trend towards increasing levels, reducing the effectiveness of well blending to reduce overall levels, therefore, based on Department recommendations, the Utilities Department was authorized by Council on February 22, 2011, to proceed with the procurement and installation of the large-scale pilot uranium removal system. Based on the multiple phase structure of the uranium engineering services RFP, HDR, the City’s consultant on this project, was requested to provide a proposal for preparing specifications to issue for bids for an adsorptive media pilot plant. On June 28, 2011, Council awarded the contract for the Uranium Removal System – Equipment Procurement to Water Remediation Technology. On August 23, 2011, Council approved the proposal of HDR Engineering, Inc., of Lincoln, Nebraska, for Uranium Removal Water Plant – Task Order No. 2. This task order authorized the detailed engineering services which included preparation of specifications for bidding of a new building and foundations, underground piping, well modifications, and installation of the uranium removal equipment. As part of these engineering services, HDR developed the specifications for the foundations and building to house the uranium removal system equipment. Discussion The specifications for the Uranium Removal Water Treatment Plant - Building Construction were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on September 29, 2011. Specifications were sent to three potential bidders and responses were received as listed below. The engineer’s estimate for this project was $350,000.00. Bidder Bid Price Husker Sales $464,931.35 Grand Island, Nebraska Chief Construction $324,857.30 Grand Island, Nebraska The bids have been evaluated by Engineering Staff, and Chief Construction has listed exceptions. Chief Construction exceptions are verifying that liner panel and water-stop is provided in their bid as required in the specification, and that the stainless steel anchor bolts for equipment are not included as required in the specifications. This is an acceptable exception to the specification and was evaluated by staff as to not impact the ranking of the bids. The Chief bid is below the engineer’s estimate of $350,000.00 and meets City contract requirements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that Council award the contract for Uranium Removal Water Treatment Plant - Building Construction to Chief Construction of Grand Island, Nebraska, in the amount of $324,857.30. Sample Motion Move to approve the contract for Uranium Removal Water Treatment Plant – Building Construction, to Chief Construction, of Grand Island, Nebraska, in the amount of $324,857.30. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 29, 2011 at 1:00 p.m. FOR: (Re-Bid) Uranium Removal Water Treatment Plant – Building Construction DEPARTMENT: Utilities ESTIMATE: $350,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 19, 2011 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Husker Sales & Const., Inc. Chief Construction Co. Grand Island, NE Grand Island, NE Bid Security: $23,246.57 Fidelity & Deposit Co. Exceptions: None Noted Bid Price: Material: $86,705.00 $174,190.00 Labor: $50,936.00 $138,474.00 Sales Tax: $ 6,069.35 $ 12,193.30 Total Bid: $464,931.35 $324,857.30 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Lynn Mayhew, Utility Engineer Karen Nagel, Utilities Secretary P1509 Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney R E S O L U T I O N 2011-300 WHEREAS, the City of Grand Island invited sealed bids for Uranium Removal Treatment Plant – building Construction, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 29, 2011, bids were received, opened and reviewed; and WHEREAS, Chief Construction Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $324,857.30; and WHEREAS, the bid of Chief Construction is less than the estimate for the Uranium Removal Water Treatment Plant – Building Construction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Chief Construction Company, in the amount of $324,857.30 for Uranium Removal Water Treatment Plant – Building Construction, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-301 - Approving Bid Award for the Broadwell Avenue Shoulder Improvement - Capital Avenue to the Veteran's Athletic Fields Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: October 11, 2011 Subject: Approving Bid Award for the Broadwell Avenue Shoulder Improvement - Capital Avenue to the Veteran's Athletic Fields Item #’s: G-10 Presenter(s): John Collins, Public Works Director Background On August 30, 2011 the Engineering Division of the Public Works Department advertised for bids for the Broadwell Avenue Shoulder Improvement - Capital Avenue to the Veteran's Athletic Fields. There were 4 potential bidders for the project. Discussion This project will consist of placing 6’ wide asphalt shoulders on the east and west sides of Broadwell Avenue from the intersection of Capital Avenue north to the Veteran’s Athletic Field Complex entrance. Public Works is currently working with Burlington Northern Railroad (BNRR) officials to provide railroad crossing panels wide enough to accommodate surfaced shoulders through the Broadwell Avenue/BNRR crossing. The crossing panels and surfaced shoulders on BNRR right of way will not be constructed until this crossing is reconstructed under their Double Track project. Two (2) bids were received and opened on September 15, 2011. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Bidder Exceptions Total Bid J.I.L. Asphalt Paving Co. of Grand Island, NE None $119,193.70 Gary Smith Construction Co., Inc. of Grand Island, NE Noted $136,361.70 There are sufficient funds in Account No. 10033506.85354 to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve awarding a contract to J.I.L. Asphalt Paving Co., Inc of Grand Island, Nebraska in the amount of $119,193.70 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 15, 2011 at 2:00 p.m. FOR: Broadwell Avenue Shoulder Improvement – Capital Avenue To Veterans Athletic Field DEPARTMENT: Public Works ESTIMATE: $180,000.00 FUND/ACCOUNT: 10033506-85354 PUBLICATION DATE: August 30, 2011 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: J.I.L. Asphalt Paving Co. Gary Smith Construction Co., Inc. Grand Island, NE Grand Island, NE Bid Security: Inland Insurance Co. Inland Insurance Co. Exceptions: None None Bid Price: $119,193.70 $136,361.70 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Terry Brown, Eng. Ser. Mgr. Mary Lou Brown, City Administrator P1507 CONTRACT AGREEMENT CONTRACT AGREEMENT THIS AGREEMENT made and entered into this 11th day of October, 2011, by and between J.I.L. ASPHALT PAVING COMPANY, hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of BROADWELL AVENUE SHOULDER IMPROVEMENT – CAPITAL AVENUE TO VETERANS ATHLETIC FIELD; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself or themselves, and its or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications and Special Provisions, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED NINTEY THREE AND 70/100 Dollars ($119,193.70) for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for incorporation into the work of this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of BROADWELL AVENUE SHOULDER IMPROVEMENT – CAPITAL AVENUE TO VETERANS ATHLETIC FIELD. CA - 1 BROADWELL AVE SHOULDER IMPROVEMENTS CONTRACT AGREEMENT ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required bond is approved and that the work in this contract shall be completed no later than May 18, 2012. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VI. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract to order. ARTICLE VII. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE VIII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE IX. LB 403: Every public consultant and his, her or its subconsultants who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. CA - 2 BROADWELL AVE SHOULDER IMPROVEMENTS CONTRACT AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. J.I.L. ASPHALT PAVING COMPANY By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City CA - 3 BROADWELL AVE SHOULDER IMPROVEMENTS CONTRACT AGREEMENT APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Grand Island shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. BROADWELL AVE SHOULDER IMPROVEMENTS CONTRACT AGREEMENT The contractor shall take such action with respect to any subcontract or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney R E S O L U T I O N 2011-301 WHEREAS, the City of Grand Island invited sealed bids for the Broadwell Avenue Shoulder Improvements – Capital Avenue to the Veteran’s Athletic Fields, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on September 15, 2011 bids were received, opened, and reviewed; and WHEREAS, J.I.L. Asphalt Paving Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $119,193.70; and WHEREAS, J.I.L. Asphalt Paving Company’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2011/2012 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of J.I.L. Asphalt Paving Company of Grand Island, Nebraska in the amount of $119,193.70 for the Broadwell Avenue Shoulder Improvements – Capital Avenue to the Veteran’s Athletic Fields is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2011-302 - Approving Change Order No. 1 for Grand Island Quiet Zone Project No. 2012-QZ-1 Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: October 11, 2011 Subject: Approving Change Order No. 1 for Grand Island Quiet Zone Project No. 2012-QZ-1 Item #’s: G-11 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $247,718.25 contract by the City Council on September 13, 2011 for the Grand Island Quiet Zone; Project No. 2012-QZ-1. Discussion On September 27, 2011 City Council approved the Maintenance Consent Letter for Public Road Crossing with the Union Pacific Railroad (UPRR), for both the Oak Street and Pine Street crossings. This consent letter states, “the City shall include as part of its contract with the Contractor, the State of Nebraska’s current Special Provisions Relating to Work on Union Pacific Railroad’s property.” Public Works received UPRR approval to modify the State of Nebraska’s Special Provisions to make them applicable for City of Grand Island projects. The main requirements of the Special Provisions are: · To have the City’s contractor obtain and provide to the Railroad the Railroad’s current insurance requirements including all insurance binders, certificates and endorsements required therein; · Requirements for reimbursement for flagging protection; · To give the Railroad at least ten (10) days advance notice that flagging is needed; · Railroad safety training; · Protection of utilities. Attached for reference is a copy of the approved Union Pacific Special Provisions for City of Grand Island Projects. These Special Provisions shall apply for work at all crossings and for work not specifically addressed by the requirements in the Wayside Horn Agreement for the Walnut Street crossing. This is a “no cost” change order; therefore the contract amount will not increase. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 1 for the Grand Island Quiet Zone Project No. 2012-QZ-1. Sample Motion Move to approve the resolution. Project No. 2012-QZ-1 UNION PACIFIC RAILROAD SPECIAL PROVISION FOR CITY OF GRAND ISLAND PROJECTS For purposes of these Special Provisions, Union Pacific Railroad Company is referred to as "UPRR" and the term "Contractor" shall mean the contractor or contractors hired by the City to perform any Project work on any portion of UPRR's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents. UPRR shall provide an inspector or inspectors for any direct labor work undertaken by UPRR, the City or Contractor on or in connection with the Project as a Project expense. I. RAILROAD SAFETY TRAINING A.UPRR requires that anyone working within 25 feet of any track be trained in Federal Railroad Administration (FRA) Roadway Worker Protection. This training is available from several sources, including other railroads, railroad industry training professionals and computer based training. UPRR requires such training per 49 CFR 214.343 but does not endorse any specific Roadway Worker Protection Training. B. UPRR requires that anyone working on UPRR property, although greater than 25 feet from the track, be trained on the minimum UPRR safety requirements. This training is available from several sources, including a video and pamphlet entitled "Minimum Safety Requirements for Engineering Department Contractors" and computer based training. This training is in addition to the regulatory training described in Paragraph A above. C. The Contractor, or its agents or representatives, will not be allowed on UPRR railroad right-of-way until it has successfully completed the mandatory safety training as outlined above. The Contractor must furnish employees with documentation that they have completed the required regulatory and UPRR safety training. This can be accomplished by issuing cards showing the employee's training, issuing lists of employees who have completed specific training or by having available, at the job site, other forms of documentation. D. The Contractor will be responsible for all costs associated with attending each training class. Project No. 2012-QZ-1 II. FLAGGING PROTECTION A. The Contractor shall notify UPRR's Manager of Track Maintenance, Ryan Collins, 402- 501-3817 or 402-289-7583, at least fifteen (15) working days in advance of the Contractor's commencement of work and at least ten (10) working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) can reach to within 25 feet of any track. This notice shall include the Project Number, the Contractor's name, date of flagging, location of flagging services to be provided, and an estimate of the expected duration of flagging. No work of any kind shall be performed, and no person, equipment, machinery, tools, materials or vehicles shall be located, operated, placed or stored within 25 feet of any railroad track at any time, for any reason, unless and until a UPRR flagger is provided. Upon receipt of such 10 working day notice, the Manager of Track Maintenance will determine and inform the Contractor whether a flagger need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by UPRR, such services will be provided at the Contractor's expense with the understanding that if UPRR provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. B. Prospective bidders shall familiarize themselves fully with all flagging special provisions of UPRR. Ill. REIMBURSEMENT TO UPRR FOR FLAGGING COSTS A. The Contractor shall promptly pay UPRR all charges connected with such flagging services within thirty (30) calendar days after the Contractor’s receipt of the monthly billing or final billing from UPRR. To enable orderly flagger reassignment to other projects the Contractor shall be required to notify the UPRR Manager of Track Maintenance described in Paragraph A above at least five (5) working days prior to the termination of flagging needs or five (5) working days prior to completion of the Contractor's Project work, whichever is sooner. The Contractor may request a final billing at this time. The Contractor shall inform the following UPRR Manager of Industry and Public Projects person in writing, Mike Blackley, 402-544-2029, when the project is complete. The City shall not make final payment to the Contractor until UPRR has provided written notification to the City that the Contractor has paid UPRR in full for all flagging or other protective services expenses that UPRR has billed to the Contractor in connection with the Project. The Contractor is responsible for all flagger requests and payments on the Project. The Contractor's work may be suspended upon notice of non-compliance from UPRR until required flaggers or other protective measures are in place. UPRR will notify the Contractor when non-compliance is reported by UPRR train crews or other UPRR employees. B. The rate of pay per hour for each worker will be the UPRR prevailing hourly rate in effect for an eight-hour day for the class of worker used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed, a full eight-hour day greater during which any flagger is furnished shall be charged in full to the City's Prime Contractor. The estimated cost for one flagger is $1200.00 per day. A full eight-hour day or greater will not be split between any Contractor. In addition to the cost of such labor, a composite charge for vacation, holiday, Project No. 2012-QZ-1 health and welfare, supplemental sickness, Railroad Retirement and UC, supplemental pension, Employee, Liability &Property Damage, and administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect on the day that flagging was performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays; two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between UPRR and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. The Contractor shall also be required to pay UPRR for all other expenses incurred by UPRR including, but not limited to, travel time, travel expense, set up and take down activities associated with any Railroad flagging or protective services provided by the Railroad. C. Reimbursement to UPRR will be required covering the full eight hour day during which any flagger is furnished, unless they can be assigned to other UPRR work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other UPRR work. Reimbursement will also be required for any day not actually worked by said flagger following its assignment to work on the Project for which UPRR is required to pay the flagger and which could not reasonably be avoided by UPRR by assignment of such flagger to other work, even though the Contractor may not be working during such time. IV. PROTECTION OF UTILITIES A. Before the Contractor begins its operations on UPRR right-of-way it shall confer with the designated representatives of the City and UPRR with regard to any underground or overhead utilities which may be on or in close proximity to the site of the work. The Contractor shall take such measures as the City or UPRR may direct in protecting those utilities properly throughout the period its construction operations are in progress. The party or parties owning or operating overhead or underground utilities shall perform the actual work of moving, repairing, reconditioning or revising those utilities, except as otherwise provided in the contract. Whenever and wherever such operations are undertaken by owners of utilities, the Contractor shall cooperate to the extent that ample protection of its work will be provided so that the entire work that is contemplated in the contract may be expedited to the best interests of all concerned, as judged by the engineer for the City B. The Contractor shall be responsible for any and all damages to utilities that are permitted to remain in place, or to reconstructed utilities in the vicinity, which may be due either directly or indirectly to its operations, and shall repair promptly any such damaged property to the satisfaction of the City’s engineer and the owner of the property, or shall make payment to such owners for repairs as may become necessary on account of damages that are due to its operations. C. Direct payment for this work will not be made but it shall be considered that the protection of the utilities is subsidiary to any or all of the items for which the contract provides that direct payment shall be made. Project No. 2012-QZ-1 D. The Contractor shall telephone UPRR during normal business hours (7:00 am to 9:00 pm, Central Time, Monday through Friday, except holidays) at 1-800-336- 9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on UPRR's property to be used by the Contractor. If there is fiber optic cable, the Contractor shall telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. The Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. V. WRITTEN NOTICE TO UPRR The Contractor shall give written notice to UPRR's Manager Industry and Public Projects, Mike Blackley, 402-544-2029; to his or her authorized representative, at least fifteen (15) days in advance of the date on which it expects to begin any work under or adjacent to any of the tracks of UPRR or it expects to begin any construction work on the right of way of UPRR. The Contractor shall also give written notice to such UPRR Manager of Industry and Public Projects, no later than fifteen (15) days after completion of all work on UPRR's right of way. VI. BRIDGE REMOVAL PLANS A. If any existing bridge or portion thereof, needs to be demolished and removed, the Contractor, at its expense, shall submit to UPRR by certified mail three (3) complete sets of the Bridge Removal Plan. The Bridge Removal Plan shall include details, procedures and the sequence of staged removal of the bridge, including all steps necessary to remove the bridge in a safe and controlled manner. B. The Contractor shall submit to UPRR: three (3) complete sets of the Contractor's Bridge Removal Plan for review and comments. The Bridge Removal Plan shall be sealed by a Civil or Structural Engineer registered in the State of Nebraska. A minimum of thirty (30) days shall be allowed for UPRR's review after the complete submittal is received and approved by UPRR. The Contractor shall not perform any bridge removal work until it has received written approval from UPRR of the Contractor's final Bridge Removal Plan. The Bridge Removal Plan and all demolition work shall conform to the requirements of the "Guidelines for Preparation of a Bridge Demolition and Removal Plan for Structures over Railroad" (Attachment XX) and "Guidelines for Temporary Shoring" (Attachment XX). VII.PROTECTION OF PROPERTY A. The Contractor shall use the utmost care to guard against accidents or cause the least possible interference with the operation of trains of UPRR and the telephone, telegraph or signal lines of UPRR or of any tenant of UPRR's right-of-way. The Contractor shall use the utmost care in guarding against injury to underground and overhead public utilities and services at or near the site of the work. B. All work to be done under this contract shall be handled by the Contractor so as to not interfere with the use of tracks, wires, signals and property of UPRR or its tenants, and the underground or overhead services of public and private utilities, Project No. 2012-QZ-1 and the Contractor shall be responsible for any damages which may be sustained by UPRR, its tenants, employees, passengers or freight in its care, or by the owners of any public or private overhead or underground services caused by such interference which could have been avoided by the proper handling of said work. The Contractor shall discontinue immediately, upon request of the engineer or UPRR representative, any practices or actions which, in the opinion of the engineer or UPRR representative, are unsafe or cause damage to underground or overhead services of public or private utilities, or which might result in delays to trains, engines or cars, or damage to tracks, roadbed, telephone, telegraph or signal wires. C. The Contractor shall take all precautions for the purposes of protecting the embankment of all railroad tracks as ma y be determined necessary by the authorized representative of UPRR. The Contractor shall affix the seal of a registered professional engineer licensed to practice in the State of Nebraska on all plans and calculations pertaining to details for sheeting or otherwise protecting excavations next to or adjacent to railroad tracks if necessary and noted on the City’s Plans. The Contractor also shall take all precautions for the protection of underground and overhead services either public or private, as may be determined by the engineer. D. The Contractor shall not place or permit to be placed, or remain, piles of material or other temporary obstructions closer than 12 feet (3.7 meters) to the centerline of the nearest construction forms and scaffolding track or closer than 21 feet (5.56 meters) above the top of any rail of any track. E. Any changes necessary in the clearance set forth above shall be made only by special arrangements with the UPRR Manager Industry and Public Projects that is named in Section V above. VIII. UPRR CROSSINGS A. The Contractor shall use only public roadways, or approved temporary crossings that are specifically shown on the plans, to cross railroad tracks. Every attempt should be made to use public roadways. If the Contractor should require a temporary crossing for construction purposes at a location other than an existing public crossing, provisions for such crossing shall be negotiated with UPRR by the Contractor, and all costs for such crossing shall be borne by the Contractor. It is not guaranteed that UPRR will grant a temporary crossing. The requirements of these Special Provisions shall apply, and all costs for such crossing, shall be borne by the Contractor. B. Prospective bidders should familiarize themselves with UPRR temporary crossing and insurance requirements before bidding on the work. IX. INSPECTION The work shall be subject to the inspection of the properly authorized representatives of UPRR and that such inspection shall in no manner make UPRR a party to this contract and will in no manner interfere with the rights of either party hereunder. Project No. 2012-QZ-1 X. INDEMNITY A. The City agrees to insert the following provision in any contract in which the City’s Contractor will have access to UPRR's property: To the extent allowed by law, Contractor hereby releases and shall indemnify, defend and hold harmless UPRR, its affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees and agents for, from and against any and all claims, liabilities, fines, penalties, damages, losses, liens, causes of action, actions, suits, demands, costs and expenses (including, without limitation, court costs and reasonable attorneys' fees) and judgments (collectively, "Claims"), of any nature, kind or description of any person (including, without limitation, the employees of the parties hereto and the employees of UPRR) or entity directly or indirectly arising out of, resulting from, or related to (in whole or in part) (i) the use, occupancy or presence of City, Contractor, or its subcontractors, employees or agents, in, on, or about UPRR’s property pursuant to this Agreement; (ii) the performance or failure to perform by Contractor, its subcontractors, employees, or agents, its work or any obligation under this Agreement; or (iii) the sole or contributing acts or omissions of Contractor, its subcontractors, employees, or agents, in, on, or about UPRR’s property pursuant to this Agreement. Contractor's duty to defend under the above indemnity provision includes, without limitation, the obligation of Contractor to appear and defend in the name of UPRR, any suits or actions brought against UPRR with respect to any such Claims, and to pay and satisfy any final judgment that may be rendered against UPRR in any such suit or action. THE LIABILITY AND DUTY TO DEFEND ASSUMED BY CONTRACTOR UNDER THE ABOVE INDEMNITY PROVISION WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF UPRR, ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE, EXCEPT (I) TO THE EXTENT THAT SUCH CLAIM WAS PROXIMATELY CAUSED BY THE ACTIVE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF UPRR OR ITS EMPLOYEES, SERVANTS OR AGENTS, OR (II) FOR CLAIMS ARISING SOLELY OUT OF THE NEGLIGENT ACTIONS OF UPRR OR ITS EMPLOYEES, SERVANTS OR AGENTS. B. If Contractor fails to indemnify, defend and hold UPRR harmless as provided in the above indemnity provision, then to the extent allowed by law, the City shall indemnify, defend and hold UPRR harmless under the above indemnity provision as if City were Contractor. Project No. 2012-QZ-1 XI. INSURANCE The Contractor shall carry the following insurance coverage: A. Commercial General Liability insurance. This insurance shalt contain broad form contractual liability with a single limit of at least $3,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. Coverage must be purchased on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage), including but not limited to coverage for the following: Bodily injury including death and personal injury Property damage Fire legal liability Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: The exclusions for railroads (except where the Job Site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings}, and explosion, collapse and underground hazard shall be removed. Waiver of subrogation B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $3,000,000 per occurrence or claim, and must be purchased on ISO form CA 00 01 (or substitute form providing equivalent coverage), including but not limited to coverage for the following: Bodily injury and property damage Any and all motor vehicles including owned, hired and non-owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: The exclusions for railroads (except where the Job Site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. Motor Carrier Act Endorsement- Hazardous materials cleanup (MCS-90) if required by law. C.Workers Compensation and Employers Liability insurance including but not limited to: Contractor’s statutory liability under the workers' compensation laws of the State of Nebraska Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If rules and regulations issued by the State of Nebraska require the Contractor to participate in the State's Worker's Compensation fund and if Workers Compensation insurance will not cover the liability of Contractor, Contractor shall comply with such rules and regulations. If Contractor is self-insured, evidence of Project No. 2012-QZ-1 City approval must be provided along with evidence of excess Workers Compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: Alternate Employer Endorsement D.Umbrella or Excess Policies in the event Contractor utilizes umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the primary policy. E. Railroad Protective Liability insurance naming only UPRR as the insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be purchased on ISO Form CG 00 35 12 04 (or a similar form providing equivalent coverage). A binder stating the policy is in place must be submitted to UPRR until the original policy is forwarded to UPRR. Other Requirements F. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance: G. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against UPRR. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against UPRR for loss of its owned or leased property or property under its care, custody and control. Contractor's insurance shall be primary over any insurance carried by UPRR, other than a Railroad Protective Liability Policy or an umbrella or excess liability policy. All waivers of subrogation shall be indicated on the certificate of insurance. H. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests. Severability of interest and naming UPRR as an additional insured shall be indicated on the certificate of insurance. The coverage provided to UPRR as additional insured shall provide coverage for UPRR's negligence, except for UPRR's sole negligence, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law: (I) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractors Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor. (2) Contractor shall require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads: ISO Form CG 24 17 10 01 (or substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. Project No. 2012-QZ-1 I. Prior to commencing any Project work, Contractor shall furnish to UPRR original certificates of insurance evidencing the required coverage, endorsements and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify UPRR in writing of any cancellation or material alteration. Upon request from UPRR, a certified duplicate original of any required policy shall be furnished. J.Any insurance policy shall be written by a reputable insurance company acceptable to UPRR or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the State of Nebraska. K. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor’s insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement and acknowledges that Contractor’s insurance shall be primary over any insurance carried by UPRR, other than a Railroad Protective Liability Policy or an umbrella or excess liability policy. L The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by UPRR shall not be limited by the amount of the required insurance coverage. XII. ADDITIONAL RIGHT-OF-WAY The City right of way plans show the permanent and temporary easements acquired or to be acquired by the City for this Project. Any additional land or easements that the Contractor may desire for the construction of the Project, shall be provided by the Contractor at its own expense. XIII. RESTORATION OF UPRR PROPERTY In the event the Contractor shall in any manner move or disturb other property of UPRR, in connection with the use of the said property, then, and in that event, the Contractor shall, as soon as possible and at its sole expense, restore such property to the same condition as it was in before such property was moved or disturbed. XIV. FINAL CLEAN UP The Contractor, upon the completion of the work contemplated in this contract, shall remove all machinery, equipment, surplus materials, falsework, rubbish, ditches, and temporary building, furnished or erected by him from within the limits of the right of way of UPRR and shall leave the said right of way in a condition acceptable to UPRR's Manager of Track Maintenance, or his authorized representative. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: October 11, 2011 PROJECT: Grand Island Quiet Zone Project No. 2012-QZ-1 CONTRACTOR: The Diamond Engineering Company CONTRACT DATE: September 13, 2011 To incorporate the Union Pacific Railroad Special Provision for City of Grand Island Projects into the Grand Island Quiet Zone Project No. 2012-QZ-1 contract with The Diamond Engineering Company of Grand Island, Nebraska. Requirements in this Special Provision are listed below. · Railroad Safety Training · Flagging Protection · Reimbursement to Union Pacific Railroad (UPRR) for Flagging Costs · Protection of Utilities · Written Notice to UPRR · Bridge Removal Plans · Protection of Property · UPRR Crossings · Inspection · Indemnity · Insurance · Additional Right-of-Way · Restoration of UPRR Property · Final Clean Up This Special Provision shall apply for work at all railroad crossings and for work not addressed by the requirements in the Wayside Horn Agreement for the Walnut Street crossing. The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ...................................................................................... $247,718.25 Net Increase/Decrease Resulting from this Change Order.............................................................. $ 0.00 Revised Contract Price Including this Change Order ................................................................ $ 247,718.25 Approval Recommended: By_______________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: The Diamond Engineering Company By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ October 7, 2011 ¤ City Attorney R E S O L U T I O N 2011-302 WHEREAS, on September 13, 2011, by Resolution 2011-242, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $247,718.25 for the Grand Island Quiet Zone Project No. 2012-QZ-1; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will not change the contract amount of $247,718.25. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-303 - Approving Change Order No. 2 for Asphalt Maintenance Project 2011-AC-1 Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: October 11, 2011 Subject: Approving Change Order No. 2 for Asphalt Maintenance Project 2011-AC-1 Item #’s: G-12 Presenter(s): John Collins, Public Works Director Background J.I.L. Asphalt Paving Co., of Grand Island, Nebraska was awarded a $305,464.36 contract by the City Council on July 12, 2011 for the annual asphalt overlay project. The estimate for the 2011 asphalt resurfacing project was $332,451.83 with a total of $610,000.00 budgeted. On September 13, 2011 City Council approved Change Order No. 1 for the Asphalt Maintenance Project 2011-AC-1, in the amount of $22,788.00. This change order allowed for the widening of each corner at the intersection of Capital Avenue and Sky Park to better accommodate turning movements for large semitrailers. Discussion The items “Asphaltic Concrete Patching” and “Asphaltic Concrete for Patching, Type B” are being added to the contract to compensate the contractor for additional work performed on Wyandotte Street and Stoeger Drive. When milling operations started on Wyandotte Street, it was immediately discovered that the existing asphalt road had a fabric layer approximately 1/2” to 1” below the top surface, and the milling operation was causing delamination at the layer of fabric. The Project Manager directed the contractor to stop the milling operation. At locations where it was necessary for the top surface of the new asphalt to meet existing pavement (at ends of the paving segment and at concrete intersections), the contractor was directed to remove all existing pavement and 2” of subgrade, then place a bottom layer of asphalt for patching. This was done so that the overlay of new asphalt would match existing pavement. On the west side of Stoeger Drive, the milling contractor was incorrectly directed to mill full depth, 7 feet wide from the curb instead of tapering to zero depth at 4 feet from the curb. To correct this, the contractor was directed to remove all existing pavement and 2” of subgrade, then place a bottom layer of asphalt for patching. This was done so that the overlay of new asphalt would not be placed on existing surface that was too thin. There was 420 square yards of patching on Wyandotte Street, and 513 square yards of patching on Stoeger Drive. The agreed unit price for “Asphaltic Concrete Patching” compares favorably to bid prices received for the same item on the Hall County 2011 Asphaltic Concrete Maintenance Overlay Project. The agreed unit price for “Asphaltic Concrete for Patching, Type B” is based on the combined unit prices for Type B Asphaltic Concrete and Asphalt Cement on the City of Grand Island 2010-AC-1 project. After eliminating the milling quantity of Wyandotte Street, the net reduction to the contract is $551.58. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 2 for Asphalt Maintenance Project 2011-AC-1. Sample Motion Move to approve the resolution. City of Grand Island CHANGE ORDER NUMBER 2 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: October 11, 2011 PROJECT: Asphalt Maintenance Project 2011-AC-1 CONTRACTOR: J.I.L. Asphalt Paving Co. CONTRACT DAT E: July 12, 2011 Quantity Unit Price Total Price 1. Asphaltic Concrete Patching 933.00 SY $5.08/SY $4739.64 2. Asphaltic Concrete for Patching, 32.62 TON $51.25/SY $1671.78 Type B 3. Milling (Wyandotte Street) - 3300.00 SY $2.11/SY -$6,963.00 TOTAL OF CHANGE ORDER NO. 2 - $551.58 Asphaltic Concrete Pavement Repair shall be measured and paid for by the square yard. Payment for Asphaltic Concrete Pavement Repair shall be full compensation for removing and disposing of existing pavement, preparation of subgrade and all other items to prepare the repair area. Asphaltic Concrete for Patching shall be paid separately. Asphaltic Concrete for Patching, Type B shall be measured and paid for by the Ton. Payment for Asphaltic Concrete for Patching, Type B shall be full compensation for producing, hauling, placing and compacting asphaltic concrete materials. Asphalt Cement is subsidiary to the item Asphaltic Concrete for Patching, Type B. The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ...................................................................................... $ 328,252.36 Net Increase/Decrease Resulting from this Change Order.............................................................. $ 551.58 Revised Contract Price Including this Change Order ................................................................ $ 327,700.78 Approval Recommended: By_______________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: J.I.L. Asphalt Paving Co. By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ October 5, 2011 ¤ City Attorney R E S O L U T I O N 2011-303 WHEREAS, on July 12, 2011, by Resolution 2011-168, the City of Grand Island awarded J.I.L. Asphalt Paving Co., of Grand Island, Nebraska that bid in the amount of $305,464.36 for Asphalt Resurfacing Project No. 2011-AC-1; and WHEREAS, on September 13, 2011 Grand Island City Council approved Change Order No. 1 to the Asphalt Resurfacing Project No. 2011-AC-1, in the amount of $22,788.00 for a revised total contract price of $328,252.36; WHEREAS, it has been determined that modifications to the work to be performed by J.I.L. Asphalt Paving Co. are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 2; and WHEREAS, the result of such modifications will decrease the contract amount by $551.58 for a revised contract price of $327,700.78. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 2 between the City of Grand Island and J.I.L. Asphalt Paving Co. of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2011-304 - Consideration of Intent to Annex Areas 3a, 6, 7, 12, 13 & 14 Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: October 11, 2011 Subject: Annexation Areas Identified as 3a, 6, 7, 12, 13, and 14 Item #’s: G-13 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background At the March 22, 2011 meeting of the Grand Island City Council a resolution was passed that directed the planning department and other city staff as follows: · to proceed with preparing annexation plans (as required and defined by statute), · to notify property owners and school districts as required by law, and · to forward the annexation plans to the Regional Planning Commission for review. regarding 8 areas eligible for annexation adjacent to the Grand Island municipal limits. The annexation plans for 6 of the 8 eight identified areas are complete and were considered by the Regional Planning Commission after a public hearing at their meeting held July 6, 2011. These annexation plans were reviewed by the Grand Island City Council at their meeting on August 9, 2011. Annexation plans are attached for areas identified as 3a, 6, 7, 12, 13, and 14 are available from the Grand Island City Clerk, the Hall County Regional Planning Department and on the Grand Island Website at http://www.grand-island.com/index.aspx?page=1326. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. In following the process approved by Council on March 22nd, 2011 annexation plans ha ve been prepared by staff and referred to the Regional Planning Commission for recommendation. The second action in this process is for Council to pass a resolution stating their intent to annex, approve annexation plans and set public hearings for comment on the annexations before council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for September 13, 2011 2. Choose not to approve the resolution of intent to annex, the attached annexation plans, and set public hearings on annexation for. 3. Modify the resolution of intent to annex, the attached annexation plans, and/or the public hearing date. 4. Postpone the issue Recommendation At the July 6th, 2011 meeting of the Hall County Regional Planning Commission a public hearing was held to take comment on the annexation plans for areas 3a, 6, 7, 12, 13, and 14. Several members of the public were in attendance to speak on annexation of these areas. The minutes of the Planning Commission Meeting pertaining to this item are attached. Planning Commission took separate votes on each area and recommended approval of all of the areas. Planning Commission did recommend that the farm properties on the east side of area 7 be removed from consideration for annexation at this time. Council will have two versions of the Resolution from which to choose. The first version will include all 6 areas as originally proposed the second version will include area 7 as recommended for approval by the Regional Planning Commission. Council may pass either resolution or portions of either resolution or staff will move forward accordingly. City staff also recommends that the Council approve the resolution of intent to annex, the attached annexation plans, and set public hearings on annexations for September 13, 2011. Sample Motion Move to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation of Areas 3a, 6, 7, 12, 13, and 14. From the July 6th 2011 Planning Commission Minutes 4. Public Hearing – Concerning annexation of properties identified as: Annexation Area 3a south of Airport Road/U.S. Highway 281 and on the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. Eagle Scout Park and the Veterans Field Complex are in this area. Annexation Area 6 located north of Bismark Road to the east side of Stuhr Road. Annexation Area 7 located north of U.S. Highway 34 on the east side of South Locust Street. Annexation Area 12 located north of Husker Highway to the west side of U.S. Highway 281 and Prairieview Street. Annexation Area 13 located south of Old Potash Highway on the west side of North Road. Annexation Area 14 located south of 13th Street on the east and west sides of North Road and north of Faidley Avenue (C-05-2011GI). O’Neill opened the Public Hearing. Nabity briefly talked about the process of annexation; he explained City Council had charged Regional Planning to look at eligible areas for Annexation. City Council had selected eight areas and six of those plans were brought forward to Regional Planning. The remaining two may be brought forward for the August meeting. Annexation Area 3a - U.S. Highway 281 and Broadwell Ave This property is the located in the north central part of the community. It is south of Airport Road/U.S. Highway 281 the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 210 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Eagle Scout Park and the Veterans Field Complex are in this area and maintained by the City Parks Department. Annexation Area 6 - Bismark Road and Stuhr Road This property is the located in the southeast part of the community. It is mostly north of Bismark Road the east side of Stuhr Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 50 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Nabity stated he had received a call from Tom Pirnie who owns the majority of the land is this area and he was in support of the annexation. Annexation Area 7 - U.S. Highway 34 and South Locust Street (Vanosdal Fields) This property is the located in the southeast part of the community. It is north of U.S. Highway 34 on the east side of Locust Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There are about 65 acres of property included in the area. The property is currently used for agricultural and residential purposes. There are 3 houses included in this area. Nabity stated one homeowner Heidi Aken and she was in favor of this annexation. Janel Laub, 380 E. Highway 34, said she and her husband bought land there in 1996 to farm next to his parents. If the land were annexed into city limits, their children would no longer be eligible for school driving permits, could not have more numerous flocks of ducklings and they would be subject to higher taxes on farm equipment they purchase. Their land would also eventually cease to be part of the Northwest School District, which has a more rural focus. Two of their children want to be farmers, and a third wants to be a veterinarian, Laub said. If their land were to be annexed, "our whole way of life changes," she told the commission. Evie Laub, 450 E Hwy 34, said the annexation would also separate the farm homestead from the farm ground, which runs to the east to Stuhr Road. Commissioner John Amick of Doniphan concurred. He moved to annex just the western half of the proposed area, which includes the former ball fields and the Heidi Aken house that fronts onto Highway 34. Aken had previously spoken in favor of annexation. Amick said water and sewer is available to the western portion of Area 7, (Aken property) but not to the Laub farmsteads on the east. The entire 65 acres is also not surrounded completely by city limits and the annexation, as originally proposed by the city, would substantially change the rural lifestyle the Laubs have, he said. Annexation Area 12 - U.S. Highway 281 and Husker Highway This property is the located in the southwest part of the community. It is north of Husker Highway the west side of U.S. Highway 281 and Prairieview Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 200 acres of property included in the area that is currently used for agricultural purposes. There is one house and no businesses included in this area. Annexation Area 13 - Old Potash Highway and North Road This property is the located in the northwest part of the community. It is south of Old Potash Highway on the west side of North Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 120 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Eric Pollock owns this property and was questioning what exactly this meant. Nabity explained his property was surrounded by the city limits and Council is looking to get rid of the “islands” that have been formed. Sewer and water are available. Pollock questioned if there was a utility plan for the drainage because in the northwest quarter there is a drainage issue. Annexation Area 14 - 13th and North Road This property is the located in the northwest part of the community. It is south of 13th Street on the east and west sides of North Road and north of Faidley Avenue. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 100 acres of property included in the area that is currently used for agricultural purposes. There are 3 houses and no businesses include in this area. Landowners Ray Stander, 1104 N. North Road, and Floyd Leiser, 3550 N. Engleman Road, both objected, saying the land is being used for agricultural purposes. "Farm ground is not necessary for city use," Leiser said. "They’re not going to develop it as long as I’m alive," he added. Northwest school Superintendent Bill Mowinkel also objected to the annexation of ag land from Areas 12, 13, 14 and the Laub ground in Area 7. He said the annexation results in a loss of tax base and property tax revenue for the Northwest School District. Planning Commission Chairman Pat O’Neill said the commission is charged with evaluating current and future land use, not school finance. Commissioner Les Ruge said because Grand Island has grown up around those areas, there is confusion on whether city or county forces have jurisdiction when it comes to road issues, drainage and emergency response. Annexation will clarify that. O’Neill closed the Public Hearing. Area 3a: U.S. Highway 281 and Broadwell Ave This has 210 acres located south of Airport Road/U.S. Highway 281 and on the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. City sewer and water is available. It includes the Veterans Athletic Field Complex and Eagle Scout Park and is mostly city-owned so there is no property valuation and no property tax revenue. City annexation would clarify that city police have jurisdiction at the Athletic Complex, which is on ground leased by the city from the state. A motion was made by Hayes to approve the Area 3a Annexation plan as submitted and seconded by Amick. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 6: Bismark Road and Stuhr Road This has 50 acres located north of Bismark Road to the east side of Stuhr Road. City sewer and water is available. Estimated tax base is $100,053. Estimated annual property tax for all political subdivisions is $2,181. A motion was made by Reynolds to approve the Area 6 Annexation plan as submitted and seconded by Brethauer. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 7: U.S. Highway 34 and South Locust Street (Vanosdal Fields) This property is the located in the southeast part of the community. It is north of U.S. Highway 34 the east side of Locust Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There are about 65 acres of property included in the area. The property is currently used for agricultural and residential purposes. There are 3 houses included in this area. A motion was made by Amick to approve the Area 7 Annexation plan with the changes made to the annexation area to remove the Laub properties and to just include the Vanosdal property and the Aken property. This was seconded by Haskins. Finding of Facts noted by Amick were this proposed annexation did not have sewer and water services available. This homestead was used as an ag use home property. Annexation of this property would adversely affect the familes. Haskins agreed with Amick’s findings. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 12: U.S. Highway 281 and Husker Highway This is about 200 acres of farmland located north of Husker Highway and to the west side of U.S. Highway 281 and Prairieview Street. City sewer and water is available. Estimated tax base is $481,334 and estimated property tax revenue is $10,495 a year. A motion was made by Bredthauer to approve the Area 12 Annexation plan as presented and was seconded by Reynolds. Findings of fact noted by Bredthauer were water and sewer service is available and annexing of this property would have little or no impact to the owners. The motion carried with 9 members present and 8 voting in favor (Amick, O’Neill, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and 1 member present voting against (Ruge) and no members abstaining. Area 13: Old Potash Highway and North Road This property is the located in the northwest part of the community. It is south of Old Potash Highway on the west side of North Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 120 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. A motion was made by Bredthauer to approve the Area 13 Annexation plan as presented and was seconded by Amick. Findings of fact noted by Bredthauer were water and sewer service is available and annexing of this property would have little or no impact to the owners. The motion carried with 9 members present and 7 voting in favor (Amick, O’Neill, Ruge, Haskins, Bredthauer, Connelly and Snodgrass) and 2 members present voting against (Reynolds, Hayes) and no members abstaining. Area 14: 13th and North Road This property is the located in the northwest part of the community. It is south of 13th Street on the east and west sides of North Road and north of Faidley Avenue. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 100 acres of property included in the area that is currently used for agricultural purposes. There are 3 houses and no businesses include in this area. This is about 100 acres of farmland south of 13th street and west of Sagewood Avenue. City sewer and water is available. Estimated tax base is $687,081 with estimated property tax revenue of $14,981 a year. Planning commission voted 7-2 in favor. Commissioners Bill Hayes and Deb Reynolds objected. A motion was made by Ruge to approve the Area 14 Annexation plan as presented and was seconded by Bredthauer. Findings of fact noted by Ruge were water and sewer service is available and annexing of this property would have little or no impact to the owners also this clears up who needs to provide services to the area, between City and County. The motion carried with 9 members present and 7 voting in favor (Amick, O’Neill, Ruge, Haskins, Bredthauer, Connelly and Snodgrass) and 2 members present voting against (Reynolds, Hayes) and no member abstaining. R E S O L U T I O N 2011-304 WHEREAS, the City of Grand Island, in accordance with Neb. Rev. Stat. §16-117, et seq., is considering the annexation of the land and a plan for extending city services to the adjacent and contiguous land which are urban or suburban in character and legally described as Annexation Areas 3a, 6, 7, 12, 13 and 14 as follows and as shown on Exhibits A, B, C, D, E and F attached hereto and incorporated herein by this reference: Annexation Area 3a: Beginning At A Point On The North Line Of Airport Road, U.S. Highway 281 Said Point Being 2,544.35’ West Of And 86.51’ North Of The Northeast Corner Section 5-11-9 Thence Easterly On A Line 86.51’ North Of And Parallel To The North Of Section 5-11-9 And Section 4-11-9 To A Point On The West Line Of Homestead Second Subdivision Thence Southerly On A Line To The South Right Of Way Line Of Airport Road Thence Southwesterly To The East Right Of Way Line Of Broadwell Avenue Thence Southerly On The East Right Of Way Line Of Broadwell To A Point On The South Line Of Northwest Quarter Of Northwest Quarter Section 4-11-9 Thence Westerly On Said South Line Northwest Quarter, Northwest Quarter Section 4- 11-9 To The West Line Of Section 4-11-9 Thence Southerly On The West Line Of Section 4-11- 9 To A Point On The South Right Of Way Line Of The Burlington Northern Santa Fe Railroad Thence Northwesterly On The South Right Of Way Line Of The Burlington Northern Santa Fe Railroad To A Point On The West Line Of Southeast Quarter Section 5-11-9 Thence Northerly On The West Line Of Southeast Quarter And Northeast Quarter Section 5-11-9 To The Point Of Beginning. As shown on Exhibit "A" attached hereto and incorporated herein by this reference. Exhibit “A” Annexation Area 6: Beginning At A Point 33’ South Of And 183’ East Of Northwest Corner 23-11-9 Said Point Being On The South Line Of Bismark Road Thence Continuing Easterly On The South Line Of Bismark Road For A Distance Of 177.5’ Thence Northerly On A Line 360.5’ East Of And Parallel To The West Lines Of Section 23-11-9 And 14-11-9 Thence Westerly On A Line 191.1’ North Of And Parallel To The South Line Of Section 14-11-9 For A Distance Of 73.63’ Thence Northerly On A Line 286.87’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 43.30’ Thence Westerly On A Line To A Point 260’ East Of West Line Section 14- 11-9 And 234.4’ North Of South Line Of Section 14-11-9 Thence Northerly On A Line 260.0’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 170.0’ Thence West On A Line To A Point 191.10’ East Of And 404.4’ North Of The South Line Of Section 14-11-9 Thence Northerly On A Line 191.1’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 539.47’ Thence Westerly on A Line 943.87’ North Of And Parallel To The South Line Of Section 14-11-9 To The East Line Of Stuhr Road Thence Northerly On The East Line Of Stuhr Road To The Southwest Corner Of Lot 101 Industrial Addition Thence Easterly On The South Line Of Lot 101, 100 & 90 Industrial Addition For A Distance of 884.63’ Thence Southeasterly On The Southwest Line Of Lot 99 Industrial Addition For A Distance Of 146.53’ Thence Northeasterly On The East Line Of Lot 99 Industrial Addition For A Distance Of 50’ To The Southerly Line Of The Burlington Northern Santa Fe Railroad Right Of Way Thence Southeasterly On Said Southerly Line Of Burlington Northern Santa Fe Railroad To The Northwest Corner Lot 102 Industrial Addition Thence Southerly On The West Line Of Lots 102, 110, 111 & 118 Industrial Addition To The Southwest Corner Of Lot 118 Industrial Addition Thence Easterly On The South Line Of Lots 115, 116, 117 & 118 Industrial Addition To The Southeast Corner Of Lot 115 Industrial Addition Thence Northerly On The East Line Of Lots 114 & 115 For A Distance of 380’ ± Thence South Easterly On A Southerly Line Of Lot 114 Industrial Addition To The Southeast Corner Of Lot 114 Industrial Addition Thence Easterly On The South Line Of Lot 114 Industrial Addition To The Southerly Line Of The Burlington Northern Santa Fe Railroad Right Of Way Thence Southeasterly On Said South Line Of The Burlington Northern Santa Fe Railroad To A Point Of The South Line Of Bismark Road Thence Southwesterly On A Line For A Distance Of 166.5’± Thence Northwesterly On A Line For A Distance Of 330’ To A Said Point Being 169.4’ South Of The North Line Of Section 23-11-9 Thence Westerly On A Line For A Distance of 418.9’ To A Point Being 161’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 1000’ To A Point Being 151’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 587.6’ To A Point 149.63’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 912.4’ To A Point Being 148’ South Of The North Line Of Section 23-11-9 Thence Westerly On A Line Being 148’ South Of And Parallel To The North Line Of Section 23-11-9 For A Distance Of 224.6’ Thence Northerly On A Line For A Distance Of 115’ To The Point Of Beginning. As shown on Exhibit "B" attached hereto and incorporated herein by this reference. Exhibit “B” Annexation Area 7: Beginning At The Southeast Corner Of Desert Rose Subdivision Thence North On The East Line Of Desert Rose Subdivision For A Distance Of 323.6’ Thence Easterly On The South Line Of Desert Rose Sub For A Distance Of 55’ Thence Northerly On The East Line Of Desert Rose Subdivision For A Distance Of 201’ To The Northeast Corner Of Desert Rose Subdivision Thence Easterly On An Extension Of The North Line Of Desert Rose Subdivision For A Distance Of 445’ ± Thence Northerly On A Line For A Distance Of 669.4’± To The South Line Of Firethorne Estates Subdivision Thence Ea sterly On The South Line Of Firethorne Estates Subdivision For A Distance Of 1,223.6’± Thence Southerly On A Line For A Distance Of 327.5’± Thence Southwesterly On A Line For A Distance Of 654.1’± Thence Westerly On A Line For A Distance Of 106’ Thence Southerly On A Line For A Distance Of 193.6’± Thence Easterly On A Line For A Distance Of 106’ Thence South On A Line To A Point On The North Line Of the U.S. Highway 34, Husker Highway Thence Westerly On The South Line Of Said U.S. Highway 34, Husker Highway To The West Line Of Northeast Quarter Of Northwest Quarter Section 34-11-9 Thence Northerly On The West Line Of Northeast Quarter, Northwest Quarter Section 34-11-9 To The North Line Of Section 34-11-9 Thence Continuing Northerly On The West Line Of The Southeast Quarter Of Southwest Quarter Section 27-11-9 To The North Line Of U.S. Highway 34, Husker Highway Thence Westerly And Northerly On The North Line Of U.S. Highway 34, Husker Highway To The Point Of Beginning As shown on Exhibit "C" attached hereto and incorporated herein by this reference. Exhibit “C” Annexation Area 12: Beginning At The Southwest Corner Of Pedcor Subdivision Thence Continuing Southerly On An Extension Of The West Line Of Pedcor Subdivision To The West Line Of Pedcor Subdivision To The Southerly Line Of U.S. Highway 34, Husker Highway Thence Westerly On The South Line Of Said Highway To A Point On The West Line Of The Northeast Quarter Of The Northwest Quarter Section 36-11-10 Thence Northerly On The West Line Of Northeast Quarter, Northwest Quarter Section 36-11-10 To The Northwest Corner Of Northeast Quarter, Northwest Quarter Section 36-11-10 Said Point Also Being The Southwest Corner Of Southeast Quarter Of Southwest Quarter Section 25-11-10 Thence Continuing Northerly On The West Line Of The Southeast Quarter, Southwest Quarter, Northeast Quarter, Southwest Quarter And The Southeast Quarter Northwest Quarter Section 25-11-10. To The Northwest Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 Thence Easterly On The North Line Of Southeast Quarter, Northwest Quarter Section 25-11-10 To The Northeast Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 The Southerly On The East Line Of Southeast Quarter, Northwest Quarter Section 25-11-10 To The Southeast Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 Said Point Also Being The Center Of Section 25-11-10 Thence Easterly On The North Line Of Southeast Quarter Section 25-11-10 To The Northwest Corner Of Pedcor Second Subdivision Thence Southerly On The West Line Of Pedcor Second Subdivision and Pedcor Subdivision TO The Point Of Beginning As shown on Exhibit "D" attached hereto and incorporated herein by this reference. Exhibit “D” Annexation Area 13: Beginning At The Northeast Corner Section 23-11-10 Thence Southerly On The East Line Of Said Section 23-11-10 To A Point 300’ North Of The Southeast Corner Of Northeast Quarter Of Northeast Quarter section 23-11-10 Thence West On A Line For A Distance Of 333’ Thence Southerly On A Line For A Distance Of 300’ To A Point On The North Line Of Gosda Subdivision Thence Westerly On The North Line Of Gosda Subdivision To The Northwest Corner Of Gosda Subdivision Thence Southerly On The West Line Of Gosda Subdivision, Springdale Subdivision And Springdale Second Subdivision To The North Line Of Garland Subdivision Thence Westerly On The North Line Of Garland Subdivision To The Northwest Corner Of Garland Subdivision Also Being The Southwest Corner Northeast Quarter Section 23- 11-10 Thence Continuing Westerly On The South Line Of The Northwest Quarter Section 23- 11-10 For A Distance Of 35’ Thence Northerly On A Line To The Southeast Corner Of Copper Creek Estates Subdivision Thence continuing Northerly On The East Line Of Copper Creek Estates Subdivision To The Northeast Corner Of Copper Creek Estates Subdivision Being On The North Line Of Section 23-11-10 To The Point Of Beginning As shown on Exhibit "E" attached hereto and incorporated herein by this reference. Exhibit “E” Annexation Area 14: Beginning At The Northwest Corner East Half Of Northwest Quarter Section 13-11-10, Said Point Also Being The Northwest Corner Of Larue Third Subdivision Thence Southerly On The West Line Of Larue Third Subdivision To The Southwest Corner Of Larue Third Subdivision To The Southwest Corner Of Larue Third Subdivision Said Point Also Being The Southwest Corner Of The East Half Of Northwest Quarter Of Section 13-11-10 Thence Westerly On The South Line Of The Northwest Quarter Section 13-11-10 To The West Line Section 13-11-10 Thence North On The West Line Of Section 13-11-10 Also Being The East Line Of Section 14-11-10 To The Northeast Corner Of Westwood Park Subdivision Said Point Also Being The Northeast Corner Of Southeast Quarter Of Northeast Quarter Section 14-11-10 Thence Westerly On The North Line Of Westwood Park Subdivision To The Southeast Corner Lot 1 Block 2 Neumann Second Subdivision Thence Northerly On The East Line Of Neumann Second Subdivision And Extension There Of To The North Line Of Section 14-11-10 Thence Easterly On The North Line Of Section 14-11-10 To The Northeast Corner Of Section 14-11-10 Also Being The Northwest Corner Section 13-11-10 Thence Continuing Easterly On The North Line Of Section 13-11-10 To The Point Of Beginning As shown on Exhibit "F" attached hereto and incorporated herein by this reference. Exhibit “F” NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a plan outlining the city services available to the above-described land and showing or including: (a) the estimated cost impact of providing the services to such land, (b) the method by which the city is financing the extension of services to the land and how services already provided will be maintained, (c) maps drawn to scale clearly delineating the land proposed for annexation, (d) maps showing the current boundaries of the city, (e) maps showing the proposed boundaries of the City after the annexation, and (f) maps showing the general land-use pattern in the land proposed for annexation is hereby adopted and approved and shall be available for inspection during regular business hours in the office of the City Clerk. BE IT FURTHER RESOLVED, that a public hearing before the Mayor and City Council on the proposed annexations shall be held at 7:00 p.m. on October 25, 2011 or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, to receive testimony from interested persons. BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to publish in the Grand Island Independent at least once, not less than ten days preceding the date of the public hearing, a copy of this Resolution and a map or maps drawn to scale delineating the land proposed for annexation. BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to send by first-class mail, a copy of the resolution providing for the public hearing to the school boards of the school districts including the lands proposed for annexation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2011-305 - Approving Interdepartmental Fund Transfer for Aeration Basin Improvements; Project WWTP-2010-3 at the Wastewater Treatment Plant Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: John Henderson, Wastewater Treatment Plant Superintendent Meeting: October 13, 2011 Subject: Approving Interdepartmental Fund Transfer for Aeration Basin Improvements; Project WWTP-2010-3 at the Wastewater Treatment Plant Item #’s: G-14 Presenter(s): John Collins, Public Works Director Background The City of Grand Island Utilities Department operates and services the City’s primary electrical distribution (14.2 kv) system. The Aeration Basin Improvements Project requires the addition of a 500 kva transformer into the City’s primary electrical distribution system. The Wastewater Division of the Public Works Department is requesting the City of Grand Island Utilities Department provide labor services, electrical equipment, primary service conductors, and terminations for a functional primary electrical distribution system 500 kva transformer addition. Discussion The addition in the primary electrical distribution system transformer to the northeast area of the Wastewater Treatment Plant shall provide for the current power requirements in Aeration Basin Improvements. The transformer sizing and plant location placement incorporates capacity for future planned projects referenced as Internal Mixed Liquor Recycle Pumping, and Fourth Final Clarification Distribution Mechanical Building. Additionally, Public Works staff and Utilities Department recommendations will allow for primary service conductors and respective termination locations be transposed in a manner in providing redundant loop distribution within the facility. Wastewater staff is requesting an interdepartmental transfer of $45,000.00 to the City of Grand Island Utilities Department in providing labor services, material and equipment, as services are completed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing an interdepartmental transfer of $45,000.00 to the City of Grand Island Utilities Department in providing labor services, material and equipment. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends an interdepartmental transfer of $45,000.00 be established for labor services, material and equipment provided by the City of Grand Island Utilities Department in a primary electrical distribution system 500 kva transformer addition. Sample Motion Move to approve interdepartmental transfer. Approved as to Form ¤ ___________ September 13, 2011 ¤ City Attorney R E S O L U T I O N 2011-305 WHEREAS, The City of Grand Island Utilities Department operates and services the City’s primary electrical distribution (14.2 kv) system; and WHEREAS, The Aeration Basin Improvements Project requires the addition of a 500 kva transformer into the City’s primary electrical distribution system; and WHEREAS, an interdepartmental transfer of $45,000.00 to the City of Grand Island Utilities Department in providing labor services, material and equipment is required by procurement code; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that an interdepartmental transfer of $45,000.00 to the City of Grand Island Utilities Department in providing labor services, material and equipment for the Aeration Basin Improvements; Project WWTP-2010-3 at the Wastewater Treatment Plant is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2011-306 - Approving Bid Award for Infield Soil Conditioner at Veteran’s Athletic Field Complex Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Todd McCoy City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks & Recreation Director Meeting: October 11, 2011 Subject: Bid Award – Infield Soil Conditioner for the Veterans Athletic Field Complex. Item #’s: G-15 Presenter(s): Todd McCoy, Recreation Superintendent Background The Veterans Athletic Field Complex softball fields are ready to have a soil conditioner applied to the infields. Time and funds did not allow for this addition last year. One bid was received with the bid provided by Dakota Transport from Hampton, MN in the amount of $96,000.00 Discussion Infield conditioners are added to the fields to assist in drainage and to help limit rainouts. This product has been used on several other fields within the community and has proven its worth by allowing for fewer rain outs and less maintenance required to make the fields ready for play each day. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the bid to Dakota Transports from Hampton, MN to provide infield soil conditioner for the Veterans Athletic Field Complex softball fields. Sample Motion Move to award a contract to Dakota Transports from Hampton, MN for $96,000.00 to provide infield soil conditioner for the four softball fields at the Veterans Athletic Field Complex. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 4, 2011 at 2:00 p.m. FOR: Infield Soil Conditioner at Veteran’s Athletic Field Complex DEPARTMENT: Parks & Recreation ESTIMATE: $90,000.00 FUND/ACCOUNT: 40044450-90027 PUBLICATION DATE: September 23, 2011 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Dakota Transport Hampton, MN Exceptions: None Bid Price: $96,000.00 cc: Steve Paustian, Parks & Recreation Director Patti Buettner, Parks & Rec. Secretary Jason Eley, Purchasing Agent Gregg Bostelman, Park Superintendent Mary Lou Brown, City Administrator P-1512 Approved as to Form ¤ ___________ October 7, 2011 ¤ City Attorney R E S O L U T I O N 2011-306 WHEREAS, the City of Grand Island invited sealed bids for Infield Soil Conditioner for the Veterans Athletic Field Complex, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on September 23, 2011, bids were received, opened and reviewed; and WHEREAS, Dakota Transport from Hampton, Minnesota submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $96,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Dakota Transport from Hampton, Minnesota in the amount of $96,000.00 for Infield Soil Conditioner for the Veterans Athletic Field Complex is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Wyoming Financial Lenders, Inc. dba Payday Express, 645 South Locust Street for a Pawnbroker’s License Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: October 11, 2011 Subject: Request from Wyoming Financial Lenders, inc. dba Payday Express, 645 South Locust Street for a Pawnbroker’s License Item #’s: H-1 Presenter(s): RaNae Edwards, City Clerk Background Section 25-1 thru 25-9 of the Grand Island City Code sets out the policy of the City Council regarding Pawnbrokers licenses. City Council approval is required for all Pawnbroker licenses. Discussion Wyoming Financial Lenders, Inc. dba Payday Express has submitted an application for a Pawnbroker’s license located at 645 South Locust Street. Submitted with their application was a bond in the amount of $5,000 as required by City Code. This application has been reviewed by the City Clerk and Police Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the request from Wyoming Financial Lenders, Inc. dba Payday Express, 645 South Locust Street for a Pawnbroker’s License. Sample Motion Move to approve the request from Wyoming Financial Lenders, Inc. dba Payday Express, 645 South Locust Street for a Pawnbroker’s License. Item I1 #2011-307 - Consideration of Approving Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: October 11, 2011 Subject: Approving Agreement for Professional Engineering Services entitled “Wastewater Treatment Plant and Collection System Rehabilitation” Item #’s: I-1 Presenter(s): John Collins, Public Works Director Background On October 4, 2011 City Staff, along with the engineering firm Black & Veatch of Kansas City, Missouri, presented the background on the need of the rehabilitation and the contractual process for this project. Discussion Three (3) engineering firms responded to the Request for Qualifications (RFQ), which was advertised in the Grand Island Independent on May 23, 2011. The RFQ was sent directly to fourteen (14) consultant firms. Black & Veatch of Kansas City, Missouri was selected as the top engineering firm based on the pre-approved selection criteria. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with Black & Veatch of Kansas City, Missouri and pass a Resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve the resolution. - 1 - Approved as to Form ¤ ___________ September 13, 2011 ¤ City Attorney R E S O L U T I O N 2011-307 WHEREAS, on May 23, 2011 the City of Grand Island solicited Requests for Statement of Qualifications for professional consulting engineering services for the Wastewater Treatment Plant and Collection System Rehabilitation; and WHEREAS, on June 7, 2011 three (3) professional engineering firms submitted performance and qualification submittals; and WHEREAS, the engineering firm Black and Veatch of Kansas City, Missouri submitted qualifications and performance data in accordance with the terms of the Request for Qualifications and all statutory requirements contained therein and the City Procurement Code; and WHEREAS based on the City’s scoring results of all proposal received, administration and legal department have provided staff direction to negotiate contractual services with Black and Veatch, Kansas City, Missouri; and WHEREAS, on October 4, 2011 through a City Council Study Session; City Staff, along with the engineering firm Black & Veatch of Kansas City, Missouri presented the need of the rehabilitation and the contractual process to hire a professional consulting engineer to provide services in Project Management, Collection System Master Planning and Planned Improvements in Northeast Interceptor sewer, and Collection System and Wastewater Treatment Rehabilitation; and WHEREAS, it has been determined that it is in the best interest of the City of Grand Island to enter into a contract agreement with the engineering firm Black and Veatch of Kansas City, Missouri; and WHEREAS, the negotiated contract agreement shall be performed at actual costs with a maximum amount of $1,121,160.00, and the fee for such professional consulting engineering services is considered fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement for professional consulting engineering services between the City of Grand Island and Black & Veatch of Kansas City, Missouri is hereby approved. BE IT FURTHER RESOLVED, that division management, when deemed appropriate may enter into negotiations for amendment to the agreement to provide additional services; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-308 - Consideration of Approving the IBEW (Finance) Labor Agreement Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: October 11, 2011 Subject: I-2 Item #’s: Consideration of Approval of IBEW (Finance) Labor Agreement Presenter(s): Brenda Sutherland, Human Resources Director Background Employees in the City Finance Department currently work under the conditions outlined in the labor agreement between the City of Grand Island and the Union Local No. 1597, I.B.E.W., AFL-CIO. This group is more commonly referred to as the IBEW Finance. The current contract expired as of midnight September 30, 2011. Employees are continuing to work under the same terms until a new labor agreement is negotiated. The City’s negotiating team and IBEW’s negotiating team met several times to negotiate the terms of a new agreement. The negotiations were handled in good faith with both parties focused on a fair contract. Discussion The labor agreement being brought forward for Council consideration is a fairly status quo agreement with few changes recommended. The proposed agreement will run from October 1, 2011 through September 30, 2012. A 1.75% wage increase was negotiated. Other changes in the contract include the removal of I.T. Department employees as they are covered under the Service/Clerical labor agreement, a March 15th and September 15th deadline for personal day usage, the addition of vacation scheduling language, the removal of outdated language such as medical leave buy back, and the stipulation that chapters 1, 2, and 3 of the Personnel Rules as of October 1, 2011 are made part of the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation A recommendation to approve the labor agreement between the City of Grand Island and Local No. 1597, I.B.E.W., AFL-CIO for Finance Department employees. Sample Motion Move to approve the labor agreement between the City of Grand Island and Local No. 1597, I.B.E.W., AFL-CIO for Finance Department employees. and UNION LOCAL NO. 1597, I.B.E.W., AFL-CIO FINANCE DEPARTMENT October 1, 2011 through September 30, 2012 TABLE OF CONTENTS Page Purpose and Intent of the Parties ...........................................................................................1 Article I Recognition A. Bargaining Unit ....................................................................................................1 B. Classes of Employees ...........................................................................................1 Article II Hours of Work A. Schedules of Work ...............................................................................................2 B. Work Week ...........................................................................................................2 C. Lunch Periods .......................................................................................................2 D. Changes in Work Schedule ..................................................................................2 E. Overtime ...............................................................................................................2 F. Call-Back Pay .......................................................................................................3 Article III Holidays and Holiday Pay A. Recognized Holidays ...........................................................................................4 B. Weekend Holidays ...............................................................................................4 C. Eligibility for Holiday Pay ...................................................................................4 D. Holiday on Regularly Scheduled Work Day........................................................4 E. Personal Day .........................................................................................................4 Article IV Vacations A. Eligibility .............................................................................................................5 B. Amount Authorized ..............................................................................................5 C. Vacation Schedule ................................................................................................6 D. Seniority for Vacation and Personal Holiday Planning .......................................6 E. Vacation Time Carry-Over ...................................................................................7 F. Vacation Credit on Termination and Retirement..................................................7 Article V Medical Leave A. When Authorized For Use ...................................................................................7 B. Accrual and Use ...................................................................................................7 C. Proof of Illness .....................................................................................................8 D. Fraudulent Use of Medical Leave ........................................................................8 E. Notification of Illness ...........................................................................................8 F. Compensation for Unused Medical Leave ...........................................................8 Article VI Military Leave .................................................................................................9 Article VII Court Leave A. When Authorized .................................................................................................9 B. Procedure ..............................................................................................................9 C. Fees.......................................................................................................................9 Article VIII Leave Without Pay A. Procedure .............................................................................................................9 B. Limitations ...........................................................................................................10 Article IX Temporary Disability Leave A. Policy ...................................................................................................................10 B. Definitions ............................................................................................................10 C. Application of Workers' Compensation and Other Leave Balances ....................11 D. Subrogation ..........................................................................................................11 E. Limitation of Leave ..............................................................................................11 F. Light Duty Policy .................................................................................................12 Article X General Provisions Concerning Leave A. Absence Without Approval ..................................................................................12 B. Leave Form ..........................................................................................................12 Article XI Pension and Retirement Plan A. Coverage ..............................................................................................................12 B. Amendments.........................................................................................................12 Article XII Rates of Pay for Work Performed A. Fiscal Year 2011-2012 .........................................................................................13 B. Future Changes in Rates of Pay ...........................................................................13 C. Pay Plan ................................................................................................................13 Article XIII Employee Relations A. General .................................................................................................................14 B. Membership in Union...........................................................................................14 C. Disciplinary Action ..............................................................................................14 Article XIV Grievance Procedure A. Procedure .............................................................................................................14 B. Presentation ..........................................................................................................16 C. Violation by Union ...............................................................................................16 Article XV Other Benefits A. Medical Insurance ................................................................................................17 B. Life Insurance .......................................................................................................17 C. Discontinuance of Insurance ................................................................................17 D. Protective Clothing ..............................................................................................17 E. Mileage Paid for Use of Private Vehicles ............................................................17 F. Travel Time Reimbursement ................................................................................17 Article XVI Management Rights A. Operation in Best Interests of City .......................................................................18 B. Statutory and Ordinance Rights ...........................................................................18 C. Other Rights .........................................................................................................18 D. Prior Agreements Superseded ..............................................................................19 E. Personnel Functions..............................................................................................19 F. Members of City Council .....................................................................................19 G. Matters Not Mentioned ........................................................................................19 Article XVII Strikes and Lockouts A. Strikes...................................................................................................................19 B. Lockouts ..............................................................................................................20 Article XVIII General Provisions A. Solicitation of Union Business .............................................................................20 B. Solicitation for a Non-Profit Organization ...........................................................20 C. Employee Rights to Union Membership ..............................................................20 D. Demotion ..............................................................................................................20 E. Bulletin Boards on City Premises.........................................................................20 F. Seniority, Promotion, Layoff Procedure ............................................................21 Article XIX Duration of Contract A. Rights on Termination .........................................................................................21 B. Term .....................................................................................................................21 Article XX Payroll Deduction of Union Dues A. Payroll Deduction ................................................................................................22 B. Request Forms ......................................................................................................22 C. Union Certification ...............................................................................................22 D. Indemnification ....................................................................................................22 E. Strikes, Etc. ...........................................................................................................23 Article XXI Severability ...................................................................................................23 Article XXII Scope of Agreement A. Complete Agreement ...........................................................................................23 B. Interpretation ........................................................................................................23 C. Negotiations .........................................................................................................23 Article XXIII C.I.R. Waiver ............................................................................................23 1 AGREEMENT THIS AGREEMENT, dated this day of October 2011, by and between the City of Grand Island (hereinafter referred to as the City), and Union Local No. 1597, I.B.E.W., A.F.L. - C.I.O. (hereinafter referred to as the Union). The provisions of this Agreement shall be effective from October 1, 2011 to September 30, 2012. PURPOSE AND INTENT OF THE PARTIES The purpose of the City and the Union in entering this labor agreement is to promote harmonious relations between the employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. ARTICLE I - RECOGNITION A. BARGAINING UNIT The Union is hereby recognized as the Exclusive Bargaining Agent for the non-management employees of the Finance Department without regard to their membership or non-membership in of the bargaining unit from seeking an election to revoke the authority of the Union to represent them prior to expiration of this Agreement. The Union further agrees that it will not do anything to discriminate against any employee who attempts decertification of or resignation from the Union. The City agrees that it will take no overt action to aid any organization or association in an effort to decertify the Union as such exclusive bargaining agent during the term of this Agreement. Non- management employees of the Finance Department are hereby defined as being those persons who are currently employed under the classifications outlined in Article I, Section B, hereof. B. CLASSES OF EMPLOYEES Employees with regular status in the classification listed below are eligible for representation by the Union and all other classifications that may become eligible: 1. Accounting Clerk 2. Senior Accounting Clerk 3. Meter Reader 4. Senior Meter Reader 5. Cashier Additional job classifications may be added to the bargaining unit by mutual written Agreement of the parties. In the event of a temporary change of an employee to another non-management job 2 classification for a period of three (3) consecutive working days, or three (3) working days in one work week, the employee will receive any additional pay which may be attributable to that temporary job classification, moving from step to step from the current pay range to the temporary pay range. Nothing in this provision shall require or limit the City from providing compensation for a temporary job reclassification for a period under three (3) days. This paragraph shall not apply to the Cashier, Accounting Clerk, and the Senior Accounting Clerk classifications. ARTICLE II - HOURS OF WORK A. WORK DAY The City shall establish the work day. The normal work day shall be from 8:00 a.m. to 5 p.m. The work day may vary according to the special requirements of any division or program. B. WORK WEEK The City shall establish the work week. The work week may vary according to the special requirements of any division or program. The work days will be arranged successively to provide a forty (40) hour work week for each employee. Hours worked shall include actual hours worked and shall not include paid leave, holidays and vacation when calculating overtime. C. LUNCH PERIODS The City shall establish the lunch periods. Workers shall be allowed one hour off, without pay, for a meal. A meal allowance for actual cost, or up to $7.00 per meal, shall be granted for all employees if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee's normal meal schedule. Nothing in this section shall prohibit the City from exceeding the amount of this allowance or consecutive hour requirement in providing an allowance for emergency situations. D. CHANGES IN WORK SCHEDULE All changes in work schedules, except in cases of emergency, as may be determined by the City, shall be posted for all affected employees to see at least three (3) working days before the change is effective. E. OVERTIME All officially authorized work in excess of eight hours a day or forty hours a week or any non-scheduled work shall be designated overtime work for the purpose of compensation. Overtime work shall, whenever possible, be eliminated by rescheduling work, by utilizing part -time employees. Overtime work shall be authorized only in the following cases: 1. In the event of fire, flood, catastrophe, or other unforeseeable emergency. 3 2. Where a station must be manned and another employee is not available for work. 3. To provide essential services when such services cannot be provided by overlapping work schedules. 4. To carry on short-range projects in which the utilization of present employees is more advantageous to the agency than the hiring of additional personnel. 5. No employee shall be regularly scheduled to work over-time without the approval of the Chief Administrative Officer. 6. Overtime work shall be authorized in advance except in cases of emergency by the Chief Administrative Officer or by any supervisor to whom the responsibility has been delegated. 7. All employees who are required to work in excess of eight hours a day or forty hours a week shall be eligible for overtime compensation. 8. The rules of overtime shall be as follows: a. Overtime work shall be accrued and compensated for in one- tenth (1/10) of an hour units. b. This article is not intended to be construed as a guarantee of hours of work per day or per week. Overtime shall not be paid more than once for the same hours worked. c. Overtime shall be computed on all hours worked in excess of eight hours per regularly scheduled work day and over 40 hours per work week, and shall be paid at a one and one-half times the base rate. F. CALL-BACK PAY In the event an employee is called to duty during his or her off-duty time, and such time does not otherwise merge with his or her regularly scheduled work schedule, such employee shall be paid at the rate of one and one- number of hours worked, although the employee shall be compensated for no less than two hours at the enhanced rate. Provided however, that if the employee called back responds and performs the work from a remote location without reporting to the worksite, he or she shall be compensated as set forth above but the minimum compensation will be one hour instead of two. 4 ARTICLE III - HOLIDAYS AND HOLIDAY PAY A. RECOGNIZED HOLIDAYS The following days shall be the recognized holidays, and followed in accordance with Nebraska Revised Statutes as amended: New Year's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day B. WEEKEND HOLIDAYS When a holiday falls on Sunday, the following Monday shall be observed as a holiday; when a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. C. ELIGIBILITY FOR HOLIDAY PAY No employee shall be eligible for holiday pay unless he or she is in an active pay status the last regularly scheduled day before the holiday or the first regularly scheduled day after the holiday. Active Pay Status shall mean any pay status other than leave without pay or suspension without pay. D. HOLIDAY ON REGULARLY SCHEDULED WORK DAY If an employee works on a holiday, the employee shall be paid for the holiday and any hours worked on the holiday shall be paid as overtime. E. PERSONAL DAY Personal Leave Days will be given to employees each year. One will be given in October and must be taken by March 15th. The second Personal Leave Day will be given in April and must be taken by September 15th. In addition to the two personal leave days, the City will provide one annual personal leave day that will be granted on October 1st and must be used by the last full pay period in September. Personal Leave Days may be taken at any time and may be taken in one (1) hour increments; provided, the time selected by the employee must have the Director or his or her designees will make every effort to grant requested personal leave time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Use of personal leave will not be unreasonably denied. New employees who begin work on or after April 1 will not be eligible for personal days until the following October 1. F. In lieu of a paid holiday for Arbor Day, the City will provide one annual personal leave day that will be granted on October 1st and must be used by the last full pay period in September. Personal Leave Days may be taken at any time and may be taken in one (1) hour 5 increments; provided, the time selected by the employee must have the prior approval of the Director or his or her designees will make every effort to grant requested personal leave time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Use of personal leave will not be unreasonably denied. New employees who begin work on or after April 1 will not be eligible for personal days until the following October 1. ARTICLE IV - VACATIONS A. ELIGIBILITY All full-time employees of the bargaining unit who have been in the employ of the City continuously for six (6) months shall be eligible for vacation leave with pay with prior approval by the Department Director or supervisor. B. AMOUNT AUTHORIZED 1. All employees will be eligible to take earned vacation after satisfactory completion of six (6) months of continuous service. a. All employees will be eligible to take ten (10) days of vacation after completion of one year of service and each year thereafter through the fourth year of service. b. All employees will be eligible to take fifteen (15) days of vacation after five years of service and each year thereafter through the sixth year of service. c. All employees will be eligible to take sixteen (16) days of vacation after seven years of service and each year thereafter through the eighth year of service. d. All employees will be eligible to take seventeen (17) days of vacation after nine years of service and each year thereafter through the tenth year of service. e. All employees will be eligible to take eighteen (18) days of vacation after eleven years of service and each year thereafter through the twelfth year of service. f. All employees will be eligible to take nineteen (19) days of vacation after thirteen years of service. g. All employees will be eligible to take twenty (20) days of vacation after fourteen years of service and each year thereafter through the nineteenth year of service. 6 h. All employees will be eligible to take twenty-one (21) days of vacation after twenty years of service and each year thereafter through the twenty-fourth year of service. i. All employees will be eligible to take twenty-two (22) days of vacation after twenty-five years of service and each year of service thereafter. 2. An employee will earn a prorated portion of vacation leave for pay periods in which the employee is paid for less than sixty (60) hours, including paid leave. 3. Credit toward vacation leave shall not be earned while an employee is on a leave of absence without pay subject to paragraph 2 above. 4. The amount of vacation leave debited shall be the exact number of days or hours an employee is scheduled to work when leave is utilized. C. VACATION SCHEDULE 1. Vacation leave shall be taken at a time convenient to and approved by the Department Director or supervisor. Vacations may be granted at the time requested by the employee. While all employees are encouraged to take two consecutive weeks of vacation each calendar year, when eligible, the City may grant shorter periods of vacation as needed or desired by employees. 2. Each employee shall take a minimum vacation of five consecutive days. In the event a holiday falls within the mandatory five day term, such holiday use will satisfy the mandatory term requirements. D. SENIORITY FOR VACATION AND PERSONAL HOLIDAY PLANNING Appointing authorities shall grant leave on the basis of the work requirements of the City after conferring with employees and recognizing their wishes where possible. Preference in the scheduling of vacation and personal holiday time shall be given to employees within their job classification in order of their total length of employment with the City. Job classifications with two or more employees will have two vacation schedules that will run consecutively. 1. Prime Vacation Schedule: An employee may make one choice of a minimum of five work days and a maximum of as many consecutive days as said employee has accrued vacation time. Vacation of greater than five (5) work days shall be consecutive work days so that only one block of vacation time is scheduled on the Prime Vacation Schedule. The Prime Vacation Schedule shall be completed by all employees in the affected job classification before the Secondary Vacation Schedule is initiated for that classification. 2. Secondary Vacation Schedule: An employee may make as many selections as said employee has accrued vacation time. 7 E. VACATION TIME CARRY-OVER An employee will be allowed to carry no more than the maximum amount of vacation that he or she can earn in one (1) year, plus eighty (80) hours. Employees who have accrued vacation time in excess of this amount shall reduce their accrued vacation balance as follows: F. VACATION CREDIT ON TERMINATION AND RETIREMENT Upon termination or retirement, an employee shall be paid for the unused portion of accumulated vacation leave. ARTICLE V - MEDICAL LEAVE A. WHEN AUTHORIZED FOR USE Medical leave may be used under the following circumstances: 1. When an employee is incapacitated by sickness or injury. 2. For medical, dental or optical examination or treatment. 3. When an employee is exposed to a contagious disease, or the employee's attendance at duty may jeopardize the health of others. 4. For necessary care and attendance during sickness of, or injury to, a member of the employee's immediate family (spouse, child, parent, or parent-in-law) or household. a biological, adopted, or foster child; a step-child; a legal ward; 5. If an employee should be called upon to perform pallbearer service, Medical leave shall be granted to attend such funeral, including reasonable travel time, not to exceed five (5) days. 6. Upon the death of a member of the employee's family (spouse, children, parents, parent-in-law, brother, brother-in-law, sister, sister-in-law, aunt, uncle, niece, nephew, grandmother, or grandfather) or a close friend, an employee may be allowed Medical leave for funeral purposes with approval of the Department Director and the Chief Administrative Officer. B. ACCRUAL AND USE Medical leave shall be credited to all regular status employees as follows: 1. One work day for each full calendar month of service. 2. An employee will earn a prorated portion of Medical leave for calendar months in 8 which the employee is paid for less than 120 hours, including paid leave. 3. Medical leave shall not be granted in advance of accrual. 4. Leave without pay may be granted for sickness extending beyond the earned credits. 5. After twelve continuous months of service, accrued vacation leave credits may be used for Medical leave when Medical leave credits have been exhausted. 6. The amount of Medical leave granted for necessary care of a sick member of an employee's immediate family or household shall not exceed thirty work days in any 12 month period. 7. The amount of Medical leave charged against an employee's accumulated total shall be computed on the basis of the exact number of days or hours an employee is scheduled to work when Medical leave is utilized, provided, that Medical leave shall be debited in no less than one-half (1/2) hour units. C. PROOF OF ILLNESS An employee who is absent on Medical leave for more than five days because of illness or that of a member of his or her family or household shall be required to furnish a statement signed by the attending physician or other proof of illness satisfactory to the department director or supervisor. The appointing authority may require this statement or proof for an absence chargeable to Medical leave of any duration. D. FRAUDULENT USE OF MEDICAL LEAVE The Department Director or authorized representative may investigate any Medical leave taken by any employee. False or fraudulent use of Medical leave shall be cause for disciplinary action and may result in dismissal. E. NOTIFICATION OF ILLNESS If an employee is absent for reasons that entitle the employee to Medical leave, the employee or a member of his or her household shall notify the employee's supervisor prior to thirty (30) minutes before the employee's scheduled work time. If the employee fails to notify his or her supervisor when it is reasonably possible to do so, no Medical leave shall be approved. Immediately upon return to work, the employee shall submit a leave form to his or her supervisor. F. COMPENSATION FOR UNUSED MEDICAL LEAVE 1. An employee may accumulate Medical leave to a maximum of 1039 hours. All employees shall be paid for forty-seven percent (47%) of their accumulated Medical leave at the time of retirement or if an employee dies while still employed full time with the City in good standing. All employees retiring under an early retirement option approved by the Mayor shall be paid for forty-seven percent (47%) of their accumulated Medical leave at the time of such early 9 retirement. The rate of compensation for such accumulated Medical leave shall be based on the employee's salary at the time of death, retirement or early retirement, whichever is applicable. ARTICLE VI - MILITARY LEAVE The provisions relating to military training leave are as provided by Nebraska Statutes. ARTICLE VII - COURT LEAVE A. WHEN AUTHORIZED An employee who is required to serve as a witness or juror in a federal, state, county, police, or municipal court, or as a litigant in a case resulting directly from the discharge of his or her duties as an employee, shall be granted court leave with full pay to serve in that capacity; provided, however, that, when the employee is a litigant or witness in non-employment related litigation, the employee shall not be granted court leave but may use vacation leave or compensatory time or be granted leave without pay for the length of such service. B. PROCEDURE An employee who is called for compensable litigation witness or jury duty shall present to his or her supervisor the original summons or subpoena from the court, and at the conclusion of such duty, a signed statement showing the actual time in attendance at court. C. FEES Fees received for compensable witness or jury service in a federal, state, county, police or municipal court shall be deposited with the City Finance Director upon the employee's receipt thereof. No employee shall receive witness fees paid from City funds. ARTICLE VIII - LEAVE WITHOUT PAY A. WHEN AUTHORIZED 1. Leave without pay may be granted to an employee for any good cause or Union business when it is in the interest of the City to do so. The employee's interest shall be considered when his or her record of employment shows the employee to be of more than average value, and it is desirable to retain the employee even at some sacrifice. A Department Director may grant an employee leave without pay for 30 days time. Such leave may be extended for a period not to exceed one year by the Chief Administrative Officer. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 2. Before an employee may request unpaid leave, he or she must first use all eligible leave balances except for unpaid leave for Union business. 10 3. When leave without pay is requested pursuant to the Family and Medical Leave Act (FMLA) policy, Articles of this contract shall govern to the extent they are not inconsistent with Federal law. B. LIMITATIONS Leave without pay shall be subject to the following provisions: 1. At the expiration of leave without pay, the employee shall return to the position held prior to his leave. 2. Vacation and Medical leave credits shall not be earned during leave without pay. 3. A leave without pay shall not constitute a break in service. 4. Leave without pay for more than thirty days during the introductory period shall not be counted as part of that period, but the employee to whom such leave has been granted shall be allowed to return to introductory period on return from leave. 5. Failure to report promptly at the expiration of a leave of absence shall be considered resignation. 6. When all available leave is exhausted. ARTICLE IX - TEMPORARY DISABILITY LEAVE A. POLICY Any employee covered by this contract who sustains an on-the-job injury compensable under the Nebraska Workers Compensation Act will be granted temporary disability leave to allow the emplo This period shall be up to one hundred fifty (150) consecutive calendar days following the original date of disability which shall mean that the employee is unable to perfor m the job duties shall relate back to the original injury for purposes of this article, including the commencement date of the 150 day period. B. DEFINITIONS Temporary disability shall mean the complete inability of an employee, for reasons of accident or other cause while in the line of duty, to perform the job duties as defined by the d of time not to exceed one hundred fifty (150) consecutive calendar days from the date that disability begins. Temporary disability leave shall mean paid leave provided by the City to an eligible 11 employee when that employee has no other paid leave available. C. BALANCES All payments of salary provided by this article shall be subject to deduction of amounts h below: 1. Pursuant to the waiting provisions in Section 48- days following the date of injury or date that temporary disability begins, unless the disability continues for six weeks or longer. When the disability lasts less than six weeks, an employee may use Medical or vacation leave for the initial seven days. If no other leave is available, the City shall grant the employee temporary disability leave. 2. initial waiting provisions as set forth above. 3. While on leave of any nature, the total net compensation paid to an employee, including salary, wa time of the commencement of the leave, plus any allowed and approved cost of living increase which commences during the period of leave. D. SUBROGATION The City reserves a right of subrogation because of payment of temporary disability leave to any employee who is disabled or injured by a third party, and reserves the right to pursue payment of temporary disability leave. Should the employee receiving temporary disability leave collect from the third party for wages, salary, or expenses otherwise paid by the City, he or she will reimburse the City for money paid as temporary disability leave or expenses resulting from the injury. The City reserves any other subrogation rights provided under Nebraska law. E. LIMITATION OF LEAVE Temporary disability leave will not be available to employees following one hundred fifty (150) days from the original date that the disability begins absent express approval of the City Administrator, who may grant an extension of this time not to exceed sixty (60) days if the employee has sufficient accumulated medical leave. Such extension shall be chargeable to the Any employee whose employment by the City is terminated due to exceeding this limitation of leave shall be compensated for any remaining unused Medical leave as in the case of retirement. 12 If an employee reaches maximum medical improvement (MMI) and it is determined that the employee cannot perform the essential functions of the job, the employee may be terminated prior to the expiration of the 150 day period or extension and will be compensated for any unused medical leave as in the case of retirement. F. LIGHT DUTY POLICY The City may provide light duty work when possible for a defined period of time, not to exceed 150 days, for employees that are injured due to a work related situation. work and/or modified duty work shall be five (5) calendar days from the date of disability unless the employee is willing to return earlier. Any employee who does not willingly return to light duty work who is released by a doctor to do so, shall not be entitled to su leave. ARTICLE X - GENERAL PROVISIONS CONCERNING LEAVE A. ABSENCE WITHOUT APPROVAL An employee who is absent from duty without approval shall receive no pay for the duration of the absence, and unless there is a legitimate reason for the absence, shall be subject to disciplinary action. B. AUTHORIZED LEAVE FORM For all leaves except Medical leave, a written request on the authorized Leave Form, indicating the kind of leave, duration and dates of departure and return, must be approved prior to the taking of the leave. In the case of Medical leave, the form shall be completed and submitted for approval immediately upon the employee's return to duty. Unless an absence is substantiated by a Leave Form approved by the supervisor, an employee shall not be paid for an y absence from scheduled work hours. ARTICLE XI - PENSION AND RETIREMENT PLAN A. COVERAGE The City agrees that the employees covered under this agreement are covered under the pension plan as adopted in Ordinance No. 4244, as amended. B. AMENDMENTS The City reserves the right to change the pension plan in accordance with existing and future statutes or federal legislation or regulations. 13 ARTICLE XII - RATES OF PAY FOR WORK PERFORMED The Union and the City considered the following array of cities and utilities to determine negotiated salaries and benefits for work performed in the various job classifications covered by this agreement: Ames, Iowa; Fremont, Nebraska; Garden City, Kansas; Hastings, Nebraska; Kearney, Nebraska; Muscatine, Iowa; Norfolk, Nebraska; North Platte, Nebraska; Cedar Falls, Iowa, and Southern Nebraska Rural Public Power District. A. 2011 - 2012 FISCAL YEAR Rates of pay for the period October 1, 2011 through September 30, 2012 for work performed in the various classes of work under this agreement shall be adjusted by 1.75% as set or after October 1, 2011. B. FUTURE CHANGES IN RATES OF PAY It is understood and agreed that payment of future rates is contingent upon the City adopting budget statements and appropriations or ordinances sufficient to fund such payments and salary ordinances authorizing such payments. The I.B.E.W. acknowledges that the City must comply with the Nebraska Budget Act. C. PAY PLAN 1. Employees will be considered for pay schedule step increases upon the following schedule. Such adjustments in pay shall be effective on the first day of a pay period falling on or immediately after the classification anniversary. Step 1 Entry Level; Step 2 Upon the successful completion of six months service in Step 1; Step3 Upon the successful completion of six months service in Step 2 Steps 4 - 8 Upon successful completi 2. The Mayor may evaluate the manner of performance of any employee, all employees, or any portion of the employees at any time during such employees' service. Any adjustments in the pay of such evaluated employees shall be effective on the first day of a pay period falling on or immediately after such adjustment. The first classification anniversary following such adjustment shall be used for the computation of the merit step increases for employees advanced to Step 4 or higher. 3. Employees, prior to advancing in step or grade, shall be evaluated. Such evaluation shall take place at least yearly. For purposes of an increase in pay, other than cost of living increases, an employee must receive at least a satisfactory rating during the first year of 14 employment, or first year in a new position. Thereafter, to receive increases in pay, other than cost- of -living increases, an employee must receive a rating above satisfactory. Such evaluations shall be advisory and shall in no way require the granting of merit increases by the administration; but denial shall be in writing, showing cause for such denial. Should a merit increase be denied, a new evaluation shall be made six months from the date of the first evaluation. 4. Employees receiving the highest possible rating may be considered for more than a one-step increase when recommended by the Department Director. 5. In no case shall any employee be advanced beyond the maximum rate of the pay grade for his or her class of position. ARTICLE XIII - EMPLOYEE RELATIONS A. GENERAL Every employee shall fulfill conscientiously the duties and responsibilities of his or her position. Employees shall conduct themselves at all times in a manner which reflects credit on the City. Employees shall be impartial in all official acts and shall in no way endanger nor give occasion for distrust of their impartiality. B. MEMBERSHIP IN UNION 1. An employee shall have the right to join, or refrain from joining, this Union. 2. This Union shall not exert pressures on any employee to join it. 3. The Union shall continue the practice of non-discrimination in membership on the basis of race, religion, national origin, color, age, gender, disability status, or political affiliation. 4. At any meeting between a representative of the City and an employee in which discipline (including warnings which are to be recorded in the personnel file, suspension, demotion or discharge for cause) is to be announced, the Union steward may be present if the employee so requests. C. DISCIPLINARY ACTION Any disciplinary action taken in accordance with State Statutes covering employees under this Agreement shall be governed by the grievance procedures set out in such Statutes. ARTICLE XIV - GRIEVANCE PROCEDURE A. PROCEDURE An alleged grievance arising from an employee shall be handled in the manner described below. 15 A grievance for the purpose of this Agreement refers to a question of the interpretation of the terms of the labor agreement between the City and the Union. A work week shall be defined as Monday through Friday. 1. First Step - Any employee who believes that he or she has a justifiable request or grievance shall discuss the request or complaint within five (5) work days with his or her supervisor, with or without the Union steward being present, as the employee may elect, in an attempt to settle same. The foregoing procedure, if followed in good faith by both parties, should lead to a fair and speedy solution of most of the complaints arising out of the day to day operations of City government. However, if a complaint or request has not been satisfactorily resolved in Step 1, it may be presented and must be in writing and processed in Step 2 if the Union steward determines that it constitutes a meritorious grievance. A grievance, to be considered beyond Step 1, must be filed in writing with the supervisor on forms provided by the City. 2. Second Step - If the alleged grievance is determined to be valid, the employee or his or her designated representative shall present it within ten (10) work days after the discussion with the supervisor. The supervisor shall notify the employee in writing, within five (5) work days of his or her decision. 3. Third Step - If the grievance is not settled to the satisfaction of the employee, the employee or designated representative shall present it to the head of the department (if different from the supervisor) in writing within five (5) work days of the receipt of the decision of the immediate supervisor. The head of the department, or his or her designated representative, shall consider the grievance and shall notify the employee in writing of a decision within five (5) work days of the receipt of the grievance. 4. Fourth Step - If the grievance is not settled to the satisfaction of the employee, the employee or designated representative shall present it in writing to the Personnel Director within three (3) work days after the decision of the Department Director. The Personnel Director shall investigate the case within seven (7) work days and make a recommendation to the Chief Administrative Officer. The Chief Administrative Officer shall notify the employee of the decision made and of any action taken within seven (7) work days of the receipt of the grievance. 5. Fifth Step - If the grievance is not settled by the Chief Administrative Officer to the satisfaction of the employee, the employee may appeal, in writing, within ten (10) days of the receipt of the Chief Administrative Officer's decision to the arbitration board. The arbitration procedure established in this step shall extend only to those grievances which may be arbitrated under this agreement. The arbitration procedure shall be as follows: a. The City and the Union shall each select an arbitrator within five days following the grieving party's written request, and the two thus chosen shall select a third impartial arbitrator. The three thus chosen shall be residents of the Grand Island, Nebraska, area (an area within 100 miles of the City), and shall constitute the arbitration 16 board to hear and to determine the controversy or matter in dispute. If the third arbitrator cannot be found in the Grand Island area, he or she shall be obtained from the Federal Mediation and Conciliation Service by the two previously appointed. A finding or award of the majority of the arbitration board shall be advisory upon the parties. b. The third and impartial arbitrator shall act as the chairman of the arbitration board. The procedure to be followed in submitting the grievance to the arbitration board shall, unless agreed upon by the parties prior to the hearing, be determined by the chairman of the arbitration board. i. It is understood and agreed between the parties that the decision of the arbitration board, constituted as set forth above, shall be advisory upon the parties, and that the board's jurisdiction shall be limited to the application of this contract. The board does not have the jurisdiction to amend, alter, enlarge, or ignore any provision of this contract. ii. Each party shall bear the expenses of its own arbitrator but the expenses of the third arbitrator shall be shared equally between the City and the Union. iii. It is specifically agreed that grievances shall not be combined for purposes of submitting them to arbitration. Only one grievance shall be heard in an arbitration proceeding. iv. If the City raises the question as to whether a grievance may be arbitrated under this section, the Arbitration Board will not proceed under the assumption that the grievance, in fact, can be arbitrated but must specifically rule on such question with the reason given therefore as part of its written decision. The Arbitration Board may rule on the whether it can be arbitrated and the merits in the same hearing. B. PRESENTATION All grievances shall be presented by the employee in person. The employee may designate another person to assist in preparing and presenting the grievance. An employee and his or her designated representative shall obtain the permission of their immediate supervisor before leaving the job site to prepare or present a grievance. C. VIOLATION BY UNION If the City believes that this Agreement is being violated by the Union, the Chief Administrative Officer or his or her designated representative will contact the Chief Of ficer of the 17 local Union. If the City is not satisfied with the results of its contract with the Union as pertinent to the alleged violation it will take action in accordance with the provisions of the Nebraska Statutes. ARTICLE XV - OTHER BENEFITS A. MEDICAL INSURANCE The City agrees to provide health, dental, and long-term disability insurance during the term of this agreement for the emp and employee contribution level as provided to non- through September 30 of each year. B. LIFE INSURANCE The City will provide a $50,000 term life insurance policy for the employee. Such policy shall contain an option allowing the employee to purchase additional term insurance as provided by the plan. The premium for the optional insurance shall be paid by the employee. C. DISCONTINUANCE OF INSURANCE 1. An employee who is on an approved leave of absence without pay will not be removed from coverage under the City's hospitalization and medical insurance plan. 2. The employee will be required to pay to the City the premium on the life insurance policy and medical insurance during his or her leave of absence without pay. D. PROTECTIVE CLOTHING The Department Director shall determine what uniforms and protective clothing shall be required and furnished to employees. The IBEW shall be entitled to designate at least one member to any safety committee required under Nebraska law. Employee members shall not be selected by the employer but shall be selected pursuant to procedures prescribed in rules and regulations adopted and promulgated by the Commissioner of Labor. E. MILEAGE PAID FOR USE OF PRIVATE VEHICLES The City agrees to pay City employees for the approved use of their personal automobile in the performance of their duties at the rate provided by Neb. Rev. Stat. §81-1176, as amended. F. TRAVEL TIME REIMBURSEMENT If an employee has to travel for approved City purposes other than a normal commute to and from his or her primary place of work (e.g. work related seminars and training), the employee will 18 receive mileage and compensation consistent with Federal and State law. G. MEDICAL INSURANCE COMMITTEE The City agrees to establish and maintain an employee advisory committee to aid in obtaining medical and dental insurance. ARTICLE XVI - MANAGEMENT RIGHTS A. OPERATION IN BEST INTERESTS OF CITY The City has endorsed the practices and procedures of collective bargaining as an orderly way to conduct its relations with this group of employees, provided, that the City, acting through its administrator, retains the right to effectively operate in a reasonable and efficient manner to serve the best interests of all the citizens of the City. B. STATUTORY AND ORDINANCE RIGHTS This agreement in no way changes the power of the City to exercise any and all powers vested in it by the statutes of the State of Nebraska and the code of the City of Grand Island. C. OTHER RIGHTS It is understood and agreed that the City possesses the sole right to operate the Utilities and Finance Departments and that all management rights repose in them, but that such rights must be exercised consistently with the other provisions of this contract. These rights include but are not limited to the following: 1. Discipline or discharge for just cause. 2. Direct the work force. 3. Hire, assign or transfer employees. 4. Determine the mission of the Department. 5. Determine the methods, means, number of personnel needed to carry out the Department's mission. 6. Introduce new or improved methods or facilities. 7. Change existing methods or facilities. 8. Relieve employees. 9. Contract out for goods or service. 19 D. PRIOR AGREEMENTS SUPERSEDED This document constitutes the sole and complete agreement between the parties and embodies all the terms and conditions governing the employment of employees in the Union. The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is (or may be) subject to collective bargaining. Any prior commitment or agreement or agreement between the employer and the Union or any individual employee covered by this agreement is hereby superseded. E. PERSONNEL FUNCTIONS All personnel functions of the City shall be handled by a duly designated representative of the Mayor or Chief Administrative Officer. The Union agrees that it shall deal with the City only through the Chief Administrative Officer, or his or her designated representative. F. MEMBERS OF CITY COUNCIL The Union and its membership agree that it will not contact or deal with any of the members of the City Council concerning any aspects of negotiations, grievances, or any other relationship between the Union and the City. G. MATTERS NOT MENTIONED The rights of the employees are encompassed within this Agreement. Any and all matters not specifically mentioned in this Agreement are reserved to the City. Such matters reserved to the City and all matters specified in Paragraph "C" above (except No. 1) shall not be subject to grievance proceedings or negotiation during the life of this Agreement. All provisions of Chapters one, two, and three of the City Personnel Rules and Regulations now in effect hereafter not in conflict with this contract are by this reference made a part of this Agreement. ARTICLE XVII - STRIKES AND LOCKOUTS A. STRIKES Neither the Union nor any officers, agents, or employees will instigate, promote, sponsor, engage in, or condone any strike, slow-down, concerted stoppage of work or any other intentional interruption of the operations of the City, regardless of the reason for so doing. The Union shall at all times keep its members on the job during periods of negotiations and hearings for the settlement of grievances. If employees strike or in any manner slow down or stop work without Union authorization, the Union shall notify the City of the facts involved with the incident. No employee may miss work because he or she fails or refuses to cross a picket line on any City premises. Any or all employees who violate any of the provisions of this Article without Union sanction may be summarily discharged or disciplined by the City. Such discharge or discipline shall not be subject to grievance proceedings under any circumstances. 20 B. LOCKOUTS The City will not lock out any employees during the term of the Agreement as a result of a labor dispute with the Union. ARTICLE XVIII - GENERAL PROVISIONS A. SOLICITATION OF UNION BUSINESS 1. No non-employee representative of the Union shall be permitted to come on the premises of the Finance Department for any reason without first presenting his or her credentials to the Chief Administrative Officer or his or her authorized representative and obtaining permission to come on the premises of the Finance Department. 2. The Union agrees that it, or its representatives, shall not solicit members in the Union, or otherwise carry on Union activities while the employees concerned are on City time. B. SOLICITATION FOR A NON-PROFIT ORGANIZATION When the City is, in cooperation with a non-profit organization, seeking contributions from its employees of the bargaining unit, such solicitation shall be coordinated with Union representatives, and Union representatives shall be responsible for approaching members of the unit for purposes of acquiring pledges or contributions. C. EMPLOYEE RIGHTS TO UNION MEMBERSHIP The City and the Union agree not to interfere with the right of employees to become or not to become members of the Union, and further that there shall be no discrimination or coercion against any employee because of Union membership or non-membership. D. DEMOTION An employee who fails to satisfactorily perform the duties of a classification into which he or she has been promoted shall be demoted to the classification from which promoted. He or she shall return to the same pay step held prior to promotion with the same regular status held prior to promotion. E. BULLETIN BOARDS ON CITY PREMISES The Union shall have the right to mount a bulletin board at its own expense at the office location. The location and construction of such bulletin board, however, shall be subject to the approval of the City. The use of such bulletin boards shall be considered proper when confined to factual notices and announcements of the Union, such as: a. Meetings 21 b. Nominations and elections of Union officers c. Results of Union elections d. Appointments to Union offices and committees e. Social or recreational affairs f. Agreements made between the Union and the Company g. Joint announcements of letters issued by the Union and the City, or h. Other items as approved by personnel director of the City. F. SENIORITY, PROMOTION, LAYOFF - PROCEDURE 1. SENIORITY. Seniority shall accrue to an employee from his or her first day of employment with the City and shall vest upon completion of the employee's probationary period. 2. PROMOTION. Promotion shall be accomplished utilizing testing procedures and performance evaluations. When two or more employees are equally qualified for promotion, seniority shall become a deciding factor. 3. LAYOFF. If needed, layoff shall be accomplished in accordance with management's right to maintain proper city services concerning job classifications. Layoffs within a job classification shall be by seniority, least senior being laid off first. ARTICLE XIX - DURATION OF CONTRACT A. RIGHTS ON TERMINATION All of the terms, rights, obligations, benefits, and conditions of this agreement will expire on its termination. B. TERM This Agreement shall continue in full force and effect from its effective date through September 30, 2012, provided: 22 1. Either party may re-open this Agreement between October 1 and October 30 of any year in which the City does not adopt a budget statement and appropriation ordinance sufficient to fund the rates of pay and fringe benefits previously agreed upon by the parties. Negotiations shall be limited to rates of pay and fringe benefits and shall be completed by November 30. Upon notification by either party, the parties shall mutually agree upon the time and place for the first negotiating session. Subsequent sessions shall be set by mutual agreement. Agreement in the setting of negotiating sessions shall not be unreasonably withheld by either party. 2. Negotiations for a new agreement to take effect upon the termination of this Agreement may begin on January 1 of the year of termination of this Agreement with an expectation that they begin no later than February 1, of that year, and with an expectation that they be completed by May 30, of that year, for budget preparation purposes. ARTICLE XX - PAYROLL DEDUCTION OF UNION DUES A. PAYROLL DEDUCTION Upon receipt of a properly executed written request for payroll deduction of Union membership dues signed by any regular permanent employee, the Department shall: (1) make payroll deductions in accordance with that authorization card from such employee's wages and payments, and (2) remit the amount so deducted to the business manager of Local 1597, I.B.E.W. of America. The City agrees not to withhold any initiation fees, assessments, special or otherwise, nor any funds from an employee's pay for the benefit of the Union other than the regular monthly Union dues as set forth herein. B. REQUEST FORMS Requests for payroll deduction or revocation of said Union membership dues must be made on the form approved by the Union and the Department. C. UNION CERTIFICATION By written certification, the business manager of the I.B.E.W. shall keep the Department currently informed of the amount of regular Union membership dues for the pay period. Standard annual dues increases shall not require new authorization cards from each employee. D. INDEMNIFICATION The Union shall indemnify and save the City harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken or not taken by the City for the purpose of complying with the provisions of this part, or in reliance on any dues deduction card furnished under the provisions of this part or on any certification by the business manager of the I.B.E.W. 23 E. STRIKES, ETC. This Article shall become null and void for the remaining life of the contract, effective immediately, in the event the Union or its members participate in a strike, slowdown, work stoppage, or other intentional interruption of the City operations. ARTICLE XXI - SEVERABILITY If any of the provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XXII - SCOPE OF AGREEMENT A. COMPLETE AGREEMENT The parties mutually agree that this contract constitutes the entire Agreement and understanding concerning all proper subjects of collective bargaining for the duration of the contract between the parties and supersedes all previous agreements. This contract shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties. B. INTERPRETATION This Agreement has been executed in accordance with the statutes and the laws of the State of Nebraska and the United States of America, and any dispute, disagreement, or litigation arising under this Agreement shall be adjudged in accordance with the statutes and laws of the State of Nebraska and of the United States of America. C. NEGOTIATIONS The parties agree that the negotiations preceding the signing of this Agreement included negotiations on all proper subjects of bargaining and that all negotiations were conducted in accordance with all applicable federal and state requirements. ARTICLE XXIII - C. I. R. WAIVER As a result of negotiations, and in consideration of this entire collective bargaining agreement, the Union, on behalf of all of its members, hereby knowingly, intelligently, and voluntarily waives its right to file any proceedings with the Nebraska Commission of Industrial Relations alleging lack of comparability with respect to any wages, fringe benefits or any other conditions of employment with respect to the time period between October 1, 2011 through September 30, 2012. 24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ______ day of October 2011. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Local Union No. 1597 By _____________________________________ President, Local Union 1597 By _____________________________________ Vice President, Local Union 1597 CITY OF GRAND ISLAND, NEBRASKA By _____________________________________ Jay Vavricek, Mayor Attest _________________________________ RaNae Edwards, City Clerk Exhibit A Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Accg Clerk Hourly 14.6738 15.2728 15.8965 16.5455 17.2210 17.9242 18.6561 19.4178 7010 BiWeekly 1,173.90 1,221.82 1,271.72 1,323.64 1,377.68 1,433.94 1,492.49 1,553.42 Monthly 2,543.46 2,647.29 2,755.39 2,867.89 2,984.97 3,106.86 3,233.72 3,365.75 Annual 30,521.40 31,767.32 33,064.72 34,414.64 35,819.68 37,282.44 38,804.74 40,388.92 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Cashier Hourly 13.4680 14.0769 14.7132 15.3781 16.0731 16.7996 17.5589 18.3525 7012 BiWeekly 1,077.44 1,126.15 1,177.06 1,230.25 1,285.85 1,343.97 1,404.71 1,468.20 Monthly 2,334.45 2,440.00 2,550.29 2,665.54 2,786.00 2,911.93 3,043.54 3,181.10 Annual 28,013.44 29,279.90 30,603.56 31,986.50 33,432.10 34,943.22 36,522.46 38,173.20 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Meter Reader Hourly 15.7469 16.3555 16.9877 17.6443 18.3262 19.0345 19.7701 20.5343 7025 BiWeekly 1,259.75 1,308.44 1,359.02 1,411.54 1,466.10 1,522.76 1,581.61 1,642.74 Monthly 2,729.46 2,834.95 2,944.53 3,058.35 3,176.54 3,299.31 3,426.82 3,559.28 Annual 32,753.50 34,019.44 35,334.52 36,700.04 38,118.60 39,591.76 41,121.86 42,711.24 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr. Acctg. Clerk Hourly 16.4937 17.1421 17.8162 18.5168 19.2448 20.0015 20.7881 21.6054 7030 BiWeekly 1,319.50 1,371.37 1,425.30 1,481.34 1,539.58 1,600.12 1,663.05 1,728.43 Monthly 2,858.91 2,971.30 3,088.14 3,209.58 3,335.77 3,466.93 3,603.27 3,744.94 Annual 34,307.00 35,655.62 37,057.80 38,514.84 40,029.08 41,603.12 43,239.30 44,939.18 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr. Meter Reader Hourly 18.6499 19.1119 19.5855 20.0708 20.5681 21.0777 21.6000 22.1352 7035 BiWeekly 1,491.99 1,528.95 1,566.84 1,605.66 1,645.45 1,686.22 1,728.00 1,770.82 Monthly 3,232.65 3,312.73 3,394.82 3,478.94 3,565.14 3,653.47 3,744.00 3,836.77 Annual 38,791.74 39,752.70 40,737.84 41,747.16 42,781.70 43,841.72 44,928.00 46,041.32 October 10, 2011 IBEW Finance Approved as to Form ¤ ___________ September 13, 2011 ¤ City Attorney R E S O L U T I O N 2011-308 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City has the authority to make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate powers; and WHEREAS, an employee group at the City of Grand Island is represented by the Union Local No. 1597, I.B.E.W., AFL-CIO (IBEW Finance) and WHEREAS, representatives of the City and the IBEW, Local No. 1597 met to negotiate a labor agreement, and WHEREAS, the contract specifies a salary adjustment of 1.75% as well as all other terms and conditions outlined in the agreement, and WHEREAS, an agreement was reached with the employee group and a labor agreement has been presented to City Council for approval, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the Labor Agreement by and between the City of Grand Island and the Union Local No. 1597, I.B.E.W., AFL-CIO, (IBEW Finance) for the period of October 1, 2011 through September 30, 2012. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on October 11, 2011. ________________________ Jay Vavricek, Mayor Attest: ___________________________________ RaNae Edwards, City Clerk Item I3 #2011-309 - Consideration of Approving the IBEW (Utilities) Labor Agreement Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: October 11, 2011 Subject: I-3 Item #’s: Consideration of Approval of IBEW (Utilities) Labor Agreement Presenter(s): Brenda Sutherland, Human Resources Director Backgro und Employees in the City Utilities Department currently work under the conditions outlined in the labor agreement between the City of Grand Island and the Union Local No. 1597, I.B.E.W., AFL-CIO. This group is more commonly referred to as the IBEW Utilities. The current contract expired as of midnight September 30, 2011. Employees are continuing to work under the same terms until a new labor agreement is negotiated. The City’s negotiating team and IBEW’s negotiating team met several times to negotiate the terms of a new agreement. The negotiations were handled in good faith with both parties focused on a fair contract. Discussion The labor agreement being brought forward for Council consideration is a fairly status quo agreement with few changes recommended. The proposed agreement will run from October 1, 2011 through September 30, 2012. A 1.75% wage increase was negotiated. Other changes in the contract include: changing the GIS Technician to GIS Coordinator to reflect the change that was made a year ago, a March 15th and September 15th deadline for personal day usage, the removal of outdated language such as medical leave buy back, and the stipulation that chapters 1, 2, and 3 of the Personnel Rules as of October 1, 2011 are made part of the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation A recommendation to approve the labor agreement between the City of Grand Island and Local No. 1597, I.B.E.W., AFL-CIO for Utilities Department employees. Sample Motion Move to approve the labor agreement between the City of Grand Island and Local No. 1597, I.B.E.W., AFL-CIO for Utilities Department employees. and UNION LOCAL NO. 1597, I.B.E.W., AFL-CIO UTILITIES DEPARTMENT October 1, 2011 through September 30, 2012 TABLE OF CONTENTS Page Purpose and Intent of the Parties ...........................................................................................1 Article I Recognition A. Bargaining Unit ....................................................................................................1 B. Classes of Employees ...........................................................................................1 C. Introductory Period ..............................................................................................2 Article II Hours of Work A. Work Day .............................................................................................................3 B. Work Week ..........................................................................................................3 C. Lunch Periods .......................................................................................................3 D. Changes in Work Schedule ..................................................................................3 E. Shift Differential ...................................................................................................4 F. Overtime ...............................................................................................................4 G. Stand-By Pay........................................................................................................5 H. Call-Back Pay ......................................................................................................6 Article III Holidays and Holiday Pay A. Recognized Holidays ...........................................................................................6 B. Weekend Holidays ...............................................................................................6 C. Eligibility for Holiday Pay ...................................................................................6 D. Holiday on Regularly Scheduled Work Day........................................................6 E. Personal Day .........................................................................................................7 Article IV Vacations A. Eligibility .............................................................................................................7 B. Amount Authorized ..............................................................................................7 C. Vacation Schedule ................................................................................................8 D. Seniority for Vacation and Personal Holiday Planning .......................................8 E. Vacation Time Carry-Over ...................................................................................9 F. Vacation Credit on Termination and Retirement..................................................9 Article V Medical Leave A. When Authorized For Use ...................................................................................9 B. Accrual and Use ...................................................................................................10 C. Proof of Illness .....................................................................................................10 D. Fraudulent Use of Medical Leave ........................................................................10 E. Notification of Illness ...........................................................................................11 F. Compensation for Unused Medical Leave ...........................................................11 Article VI Military Leave .................................................................................................11 Article VII Court Leave A. When Authorized .................................................................................................11 B. Procedure ..............................................................................................................11 C. Fees.......................................................................................................................11 Article VIII Leave Without Pay A. Procedure .............................................................................................................12 B. Limitations ...........................................................................................................12 Article IX Temporary Disability Leave A. Policy ...................................................................................................................12 B. Definitions ............................................................................................................13 C. Application of Workers' Compensation and Other Leave Balances ....................13 D. Subrogation ..........................................................................................................13 E. Limitation of Leave ..............................................................................................14 F. Light Duty Policy .................................................................................................14 Article X General Provisions Concerning Leave A. Absence Without Approval ..................................................................................14 B. Authorized Leave Form .......................................................................................15 Article XI Pension and Retirement Plan A. Coverage ..............................................................................................................15 B. Amendments.........................................................................................................15 Article XII Rates of Pay for Work Performed A. 2011-2012 Fiscal Year .........................................................................................15 B. Future Changes in Rates of Pay ...........................................................................15 C. Pay Plan ................................................................................................................16 Article XIII Employee Relations A. General .................................................................................................................17 B. Membership in Union...........................................................................................17 C. Disciplinary Action ..............................................................................................17 Article XIV Grievance Procedure A. Procedure .............................................................................................................17 B. Presentation ..........................................................................................................19 C. Violation by Union ...............................................................................................19 Article XV Other Benefits A. Medical Insurance ................................................................................................19 B. Life Insurance .......................................................................................................20 C. Discontinuance of Insurance ................................................................................20 D. Protective Clothing ..............................................................................................20 E. Mileage Paid for Use of Private Vehicles ............................................................20 F. Travel Time Reimbursement ................................................................................20 G. Medical Insurance Committee .............................................................................21 Article XVI Management Rights A. Operation in Best Interests of City .......................................................................21 B. Statutory and Ordinance Rights ...........................................................................21 C. Other Rights .........................................................................................................21 D. Prior Agreements Superseded ..............................................................................22 E. Personnel Functions..............................................................................................22 F. Members of City Council .....................................................................................22 G. Matters Not Mentioned ........................................................................................22 Article XVII Operations, Sales, Mergers, Dissolution A. Sale of Facilities or Operations ............................................................................22 B. Lease of Facilities or Operations .........................................................................22 C. Merging Facilities or Operations..........................................................................23 D. Ceasing Operations ..............................................................................................23 E. Payment of Accrued Leave ..................................................................................23 Article XVIII Strikes and Lockouts A. Strikes...................................................................................................................23 B. Lockouts ...............................................................................................................23 Article XIX General Provisions A. Solicitation of Union Business .............................................................................24 B. Solicitation for a Non-Profit Organization ...........................................................24 C. Employee Rights to Union Membership ..............................................................24 D. Demotion ..............................................................................................................24 E. Bulletin Boards on City Premises.........................................................................24 F. Seniority, Promotion, Layoff Procedure ............................................................25 G. Residency .............................................................................................................25 Article XX Duration of Contract A. Rights on Termination .........................................................................................25 B. Term .....................................................................................................................25 Article XXI Payroll Deduction of Union Dues A. Payroll Deduction ................................................................................................26 B. Request Forms ......................................................................................................26 C. Union Certification ...............................................................................................26 D. Indemnification ....................................................................................................26 E. Strikes, Etc. ...........................................................................................................26 Article XXII Severability .................................................................................................27 Article XXIII Scope of Agreement A. Complete Agreement ...........................................................................................27 B. Interpretation ........................................................................................................27 C. Negotiations .........................................................................................................27 Article XXIV C.I.R. Waiver.............................................................................................27 1 AGREEMENT THIS AGREEMENT, dated this ____ day of by and between the City of Grand Island (hereinafter referred to as the City), and Union Local No. 1597, I.B.E.W., A.F.L. - C.I.O. (hereinafter referred to as the Union). The provisions of this Agreement shall be effective from October 1, 2011 to September 30, 2012. PURPOSE AND INTENT OF THE PARTIES The purpose of the City and the Union in entering this labor agreement is to promote harmonious relations between the employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. ARTICLE I - RECOGNITION A. BARGAINING UNIT The Union is hereby recognized as the Exclusive Bargaining Agent for the non-management employees of the Utilities Department without regard to their membership or non-membership in said Union. Nothing contained in this "exclusive representation" provision shall prohibit employees of the bargaining unit from seeking an election to revoke the authority of the Union to represent them prior to expiration of this Agreement. The Union further agrees that it will not do anything to discriminate against any employee who attempts decertification of or resignation from the Union. The City agrees that it will take no overt action to aid any organization or association in an effort to decertify the Union as such exclusive bargaining agent during the term of this Agreement. Non- management employees of the Utilities Department are hereby defined as being those persons who are currently employed under the classifications outlined in Article I, Section B, hereof. B. CLASSES OF EMPLOYEES Employees with regular status in the classification listed below are eligible for representation by the Union and all other classifications that may become eligible: 1. Custodian 2. Electric Distribution Crew Chief 3. Electric Underground Crew Chief 4. Engineering Technician I 5. Engineering Technician II 6. GIS Coordinator 7. Instrument Technician 8. Lineworker Apprentice 9. Lineworker First Class 2 10. Materials Handler 11. Meter Technician 12. Power Dispatcher I 13. Power Dispatcher II 14. Power Plant Maintenance Mechanic 15. Power Plant Operator 16 Senior Engineering Technician 17. Senior Materials Handler 18. Senior Power Dispatcher 19. Senior Power Plant Operator 20. Senior Substation Technician 21. Senior Water Maintenance Worker 22. Substation Technician 23. Systems Technician 24. Tree Trim Crew Chief 25. Utilities Electrician 26 Utility Technician 27. Utility Warehouse Clerk 28. Water Maintenance Worker 29. Wireworker I 30. Wireworker II Represented employees are further defined to include all personnel of the Utilities Department, except management, and all new non-management classifications which may be created during the term of this contract. It is specifically intended by both parties hereto that any new additions in facilities to the Utilities Department, including coal fired power plants or any other generation facilities added to the Utilities Department, and all classifications in existence and any new classifications of job designations in said new facilities or existing facilities are within the bargaining unit jurisdiction and eligible for membership in the bargaining unit. Eligible Union employees shall not be affected by departmental changes. Upon the addition of new classifications within the Utilities Department, the City through its designated representative shall meet to discuss the job description of the new classifications as prepared by the City and to determine whether or not such description indicates the position is of a supervisory nature. If such classification is non-management, an addendum will be prepared adding such classification to this Agreement. In the event of a temporary change of an employee to another job classification for a period of three (3) consecutive working days, or three (3) working days in one work week, the employee will receive any additional pay which may be attributable to that temporary job classification, moving step to step from the current pay range to the temporary pay range. Nothing in this provision shall require or limit the City from providing compensation for a temporary job reclassification for a period under three (3) days. C. INTRODUCTORY PERIOD New hire employees shall have a one (1) year introductory period during which they are not eligible for a step increase. Upon successful completion of the introductory period, new hire 3 employees will be eligible for advancement to Step 3 if hired at Step 1. New hires are all employees, including City employees from other departments, hired by the Utilities Department. Intra-Utility Department transfer employees shall serve a six (6) month introductory period. At the end of the introductory period, the employee will be evaluated to determine competency and whether an adjustment in pay status is merited. ARTICLE II - HOURS OF WORK A. WORK DAY The City shall establish the work day. The normal work day shall be from 8:00 a.m. to 5 p.m. The work day may vary according to the special requirements of any division or program. The City shall establish hours of work for shift duty. The hours of work shall be arranged in eight (8) hour periods. B. WORK WEEK The City shall establish the work week. The work week may vary according to the special requirements of any division or program. The work days will be arranged successively to provide a forty (40) hour work week for each employee. Hours worked shall include actual hours worked and shall not include paid leave, holidays and vacation when calculating overtime. C. LUNCH PERIODS The City shall establish the lunch periods. Non-shift workers shall be allowed one hour off, without pay, for a meal. An employee on a shift schedule will be allowed a thirty (30) minute lunch period during the shift. Whenever possible, the lunch period shall be scheduled at the middle of the shift. A meal allowance for actual cost, or up to $7.00 per meal, shall be granted for all employees if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee's normal meal schedule. Nothing in this section shall prohibit the City from exceeding the amount of this allowance or consecutive hour requirement in providing an allowance for emergency situations. D. CHANGES IN WORK SCHEDULE All changes in work schedules, except in cases of emergency, as may be determined by the City, shall be posted for all affected employees to see at least three (3) working days before the change is effective. If the majority of the shift workers want to re-arrange their shift schedule and can do so without cost to the City, their supervisor may reschedule their shifts accordingly. Shift workers may be permitted to trade working hours to attend to personal matters upon proper notification to their supervisor; provided, that the employees proposing to trade such hours are 4 qualified to do each other's work, such trade is approved by their supervisor, and the trade will result in no additional cost to the City. E. SHIFT DIFFERENTIAL A shift differential of $0.25 per hour shall be added to the base hourly rate for persons in the following employee classifications who work rotating shifts: Power Dispatcher I Power Dispatcher II Power Plant Operator Senior Power Dispatcher Senior Power Plant Operator F. OVERTIME All officially authorized work in excess of eight hours a day or forty hours a week or any non-scheduled work shall be designated overtime work for the purpose of compensation. Overtime work shall, whenever possible, be eliminated by rescheduling work, by utilizing part-time employees, or by setting up over-lapping shifts of work. Overtime work shall be authorized only in the following cases: 1. In the event of fire, flood, catastrophe, or other unforeseeable emergency. 2. Where a station must be manned and another employee is not available for work. 3. To provide essential services when such services cannot be provided by overlapping work schedules. 4. To carry on short-range projects in which the utilization of present employees is more advantageous to the agency than the hiring of additional personnel. 5. No employee shall be regularly scheduled to work over-time without the approval of the Chief Administrative Officer. 6. Overtime work shall be authorized in advance except in cases of emergency by the Chief Administrative Officer or by any supervisor to whom the responsibility has been delegated. 7. All employees who are required to work in excess of eight hours a day or forty hours a week shall be eligible for overtime compensation. 8. The rules of overtime shall be as follows: a. Overtime work shall be accrued and compensated for in one-tenth (1/10) of an hour units. 5 b. Employees whose regularly scheduled work week includes Sunday shall not be compensated for work on that day on an overtime basis unless their work day exceeds eight hours, and only the hours of work in excess of eight shall be considered over-time. c. This article is not intended to be construed as a guarantee of hours of work per day or per week. Overtime shall not be paid more than once for the same hours worked. d. Overtime shall be computed on all hours worked in excess of eight hours per regularly scheduled work day and over 40 hours per work week, and shall be paid at a one and one-half times the base rate, as modified by shift differential adjustment. G. STAND-BY DUTY 1. The City may assign employees to stand-by duty for handling trouble calls on other than the normal work day. a. The stand-by work week will run from Wednesday at 5:00 p.m. to the following Wednesday at 5:00 p.m. b. A truck will be assigned to the employee who is assigned to this duty. The employee will keep this truck at home while on the duty. c. The employee assigned to this duty may call upon the assigned foreman for additional employees when help is needed. 2. The compensation for stand-by duty will be eight hours at the employee's basic rate of pay as shown on the payroll on the Sunday during the employee's stand-by week. Any work performed on calls during hours, outside of the normal work week, shall be compensated for at the rate of time and one-half. Over-time for employees performing such work on call, including those on stand-by, shall be computed to begin fifteen minutes prior to checking in for the job and to terminate fifteen minutes after checking out from the job. 3. The employee assigned to this duty shall be available by telephone or utility radio at all times under this assignment. Failure to be available or to make arrangements with another qualified duty employee who will be available either by telephone or utility radio shall make the employee ineligible for stand-by duty compensation for the pay period involved. 4. When a recognized holiday, as stated in Article III, Holidays and Holiday Pay, falls 6 during an employee's assigned stand-by work week, that employee shall be granted a compensatory holiday to be taken during the week following the stand-by duty assignment, and at a time approved by the employee's supervisor. H. CALL-BACK PAY In the event an employee is called to duty during his or her off-duty time, and such time does not otherwise merge with his or her regularly-scheduled work schedule, such employee shall be paid at the rate of one and one-half (1 1/2) times s base hourly rate times the actual number of hours worked, although the employee shall be compensated for no less than two hours at the enhanced rate. Provided, however, that if the employee called back responds and performs the work from a remote location without reporting to the worksite, he or she shall be compensated as set forth above but the minimum compensation will be one hour instead of two. ARTICLE III - HOLIDAYS AND HOLIDAY PAY A. RECOGNIZED HOLIDAYS The following days shall be the recognized holidays, and followed in accordance with Nebraska Revised Statutes as amended: New Year's Day Arbor Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day B. WEEKEND HOLIDAYS When a holiday falls on Sunday, the following Monday shall be observed as a holiday; when a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. For shift workers, Saturday and Sunday shall mean those days following the end of a regular shift. C. ELIGIBILITY FOR HOLIDAY PAY No employee shall be eligible for holiday pay unless he or she is in an active pay status the last regularly scheduled day before the holiday or the first regularly scheduled day after the holiday. Active Pay Status shall mean any pay status other than leave without pay or suspension without pay. D. HOLIDAY ON REGULARLY SCHEDULED WORK DAY If an employee works on a holiday, the employee shall be paid for the holiday and any hours worked on the holiday shall be paid as overtime. 7 E. PERSONAL DAY Personal Leave Days will be given to employees each year. One will be given in October and must be taken by March 15th. The second Personal Leave Day will be given in April and must be taken by September 15th. In addition to the two personal leave days, the City will provide one annual personal leave day that will be granted on October 1st and must be used by the last full pay period in September. Personal Leave Days may be taken at any time and may be taken in one (1) hour increments; provided, the time selected by the employee must have the Director or his or her designees will make every effort to grant requested personal leave time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Use of personal leave will not be unreasonably denied. New employees who begin work on or after April 1 will not be eligible for personal days until the following October 1. ARTICLE IV - VACATIONS A. ELIGIBILITY All full-time employees of the bargaining unit who have been in the employ of the City continuously for six (6) months shall be eligible for vacation leave with pay with prior approval by the Department Director or supervisor. B. AMOUNT AUTHORIZED 1. All employees will be eligible to take earned vacation after satisfactory completion of six (6) months of continuous service. a. All employees will be eligible to take ten (10) days of vacation after completion of one year of service and each year thereafter through the fourth year of service. b. All employees will be eligible to take fifteen (15) days of vacation after five years of service and each year thereafter through the sixth year of service. c. All employees will be eligible to take sixteen (16) days of vacation after seven years of service and each year thereafter through the eighth year of service. d. All employees will be eligible to take seventeen (17) days of vacation after nine years of service and each year thereafter through the tenth year of service. e. All employees will be eligible to take eighteen (18) days of vacation after eleven years of service and each year thereafter through the twelfth year of service. 8 f. All employees will be eligible to take nineteen (19) days of vacation after thirteen years of service. g. All employees will be eligible to take twenty (20) days of vacation after fourteen years of service and each year thereafter through the nineteenth year of service. h. All employees will be eligible to take twenty-one (21) days of vacation after twenty years of service and each year thereafter through the twenty-fourth year of service. i. All employees will be eligible to take twenty-two (22) days of vacation after twenty-five years of service and each year of service thereafter. 2. An employee will earn a prorated portion of vacation leave for pay periods in which the employee is paid for less than sixty (60) hours, including paid leave. 3. Credit toward vacation leave shall not be earned while an employee is on a leave of absence without pay subject to paragraph 2 above. 4. The amount of vacation leave debited shall be the exact number of days or hours an employee is scheduled to work when leave is utilized. C. VACATION SCHEDULE 1. Vacation leave shall be taken at a time convenient to and approved by the department director or supervisor. Vacations may be granted at the time requested by the employee. While all eligible employees are encouraged to take two consecutive weeks of vacation each calendar year, when eligible, the City may grant shorter periods of vacation as needed or desired by employees. 2. Each employee shall take a minimum vacation of five consecutive days. In the event a holiday falls within the mandatory five-day term, such holiday use will satisfy the mandatory term requirements. D. SENIORITY FOR VACATION AND PERSONAL HOLIDAY PLANNING Appointing authorities shall grant leave on the basis of the work requirements of the City after conferring with employees and recognizing their wishes where possible. Preference in the scheduling of vacation and personal holiday time shall be given to employees within their job classification in order of their total length of employment with the City. Job classifications with two or more employees will have two vacation schedules that will run consecutively. 9 1. Prime Vacation Schedule: An employee may make one choice of a minimum of five work days and a maximum of as many consecutive days as said employee has accrued vacation time. Vacation of greater than five (5) work days shall be consecutive work days so that only one block of vacation time is scheduled on the Prime Vacation Schedule. The Prime Vacation Schedule shall be completed by all employees in the affected job classification before the Secondary Vacation Schedule is initiated for that classification. 2. Secondary Vacation Schedule: An employee may make as many selections as said employee has accrued vacation time. E. VACATION TIME CARRY-OVER An employee will be allowed to carry no more than the maximum amount of vacation that he or she can earn in one (1) year, plus eighty (80) hours. F. VACATION CREDIT ON TERMINATION AND RETIREMENT Upon termination or retirement, an employee shall be paid for the unused portion of accumulated vacation leave. ARTICLE V - MEDICAL LEAVE A. WHEN AUTHORIZED FOR USE Medical leave may be used under the following circumstances: 1. When an employee is incapacitated by sickness or injury. 2. For medical, dental or optical examination or treatment. 3. When an employee is exposed to a contagious disease, or the employee's attendance at duty may jeopardize the health of others. 4. For necessary care and attendance during sickness of, or injury to, a member of the employee's immediate family (spouse, child, parent, or parent-in-law) or household. -child; a legal ward; or a child of a person 5. If an employee should be called upon to perform pallbearer service, Medical leave shall be granted to attend such funeral, including reasonable travel time, not to exceed five (5) days. 6. Upon the death of a member of the employee's family (spouse, children, parents, parent-in-law, brother, brother-in-law, sister, sister-in-law, aunt, uncle, niece, nephew, grandmother, or grandfather) or a close friend, an employee may be 10 allowed Medical leave for funeral purposes with approval of the Department Director and the Chief Administrative Officer. B. ACCRUAL AND USE Medical leave shall be credited to all regular status employees as follows: 1. One work day for each full calendar month of service. 2. An employee will earn a prorated portion of Medical leave for calendar months in which the employee is paid for less than 120 hours, including paid leave. 3. Medical leave shall not be granted in advance of accrual. 4. Leave without pay may be granted for sickness extending beyond the earned credits. 5. After twelve continuous months of service, accrued vacation leave credits may be used for Medical leave when Medical leave credits have been exhausted. 6. The amount of Medical leave granted for necessary care of a sick member of an employee's immediate family or household shall not exceed thirty work days in any 12 month period. 7. The amount of Medical leave charged against an employee's accumulated total shall be computed on the basis of the exact number of days or hours an employee is scheduled to work when Medical leave is utilized, provided, that Medical leave shall be debited in no less than one-half (1/2) hour units. C. PROOF OF ILLNESS An employee who is absent on Medical leave for more than five days because of illness or that of a member of his or her family or household shall be required to furnish a statement signed by the attending physician or other proof of illness satisfactory to the supervisor or Department Director. The appointing authority may require this statement or proof for an absence chargeable to Medical leave of any duration. D. FRAUDULENT USE OF MEDICAL LEAVE The Department Director or authorized representative may investigate any Medical leave taken by any employee. False or fraudulent use of Medical leave shall be cause for disciplinary action and may result in dismissal. 11 E. NOTIFICATION OF ILLNESS If a non-shift employee is absent for reasons that entitle the employee to Medical leave, the employee or a member of his or her household shall notify the employee's supervisor prior to thirty (30) minutes before the employee's scheduled work time. If the employee fails to notify his or her supervisor when it is reasonably possible to do so, no Medical leave shall be approved. Immediately upon return to work, the employee shall submit a leave form to his or her supervisor. Shift workers are required to notify their supervisors two hours prior to scheduled work time. F. COMPENSATION FOR UNUSED MEDICAL LEAVE 1. An employee may accumulate Medical leave to a maximum of 1039 hours. All employees shall be paid for forty-seven percent (47%) of their accumulated Medical leave at the time of retirement or if an employee dies while still employed full time with the City in good standing. All employees retiring under an early retirement option approved by the Mayor shall be paid for forty-seven percent (47%) of their accumulated Medical leave at the time of such early retirement. The rate of compensation for such accumulated Medical leave shall be based on the employee's salary at the time of death, retirement or early retirement, whichever is applicable. ARTICLE VI - MILITARY LEAVE The provisions relating to military training leave are as provided by Nebraska Statutes. ARTICLE VII - COURT LEAVE A. WHEN AUTHORIZED An employee who is required to serve as a witness or juror in a federal, state, county, police, or municipal court, or as a litigant in a case resulting directly from the discharge of his or her duties as an employee, shall be granted court leave with full pay to serve in that capacity; provided, however, that, when the employee is a litigant or witness in non-employment related litigation, the employee shall not be granted court leave but may use vacation leave or compensatory time or be granted leave without pay for the length of such service. B. PROCEDURE An employee who is called for compensable litigation witness or jury duty shall present to his or her supervisor the original summons or subpoena from the court, and at the conclusion of such duty, a signed statement showing the actual time in attendance at court. C. FEES Fees received for compensable witness or jury service in a federal, state, county, police or municipal court shall be deposited with the City Finance Director upon the employee's receipt thereof. No employee shall receive witness fees paid from City funds. 12 ARTICLE VIII - LEAVE WITHOUT PAY A. WHEN AUTHORIZED 1. Leave without pay may be granted to an employee for any good cause or Union business when it is in the interest of the City to do so. The employee's interest shall be considered when his or her record of employment shows the employee to be of more than average value, and it is desirable to retain the employee even at some sacrifice. A Department Director may grant an employee leave without pay for 30 days time. Such leave may be extended for a period not to exceed one year by the Chief Administrative Officer. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 2. Before an employee may request unpaid leave, he or she must first use all eligible leave balances except for unpaid leave for Union business. 3. When leave without pay is requested pursuant to the Family and Medical Leave Act (FMLA) policy, Articles of this contract shall govern to the extent they are not inconsistent with Federal law. B. LIMITATIONS Leave without pay shall be subject to the following provisions: 1. At the expiration of leave without pay, the employee shall return to the position held prior to his leave. 2. Vacation and Medical leave credits shall not be earned during leave without pay. 3. A leave without pay shall not constitute a break in service. 4. Leave without pay for more than thirty days during the probationary period shall not be counted as part of that period, but the employee to whom such leave has been granted shall be allowed to return to probationary period on return from leave. 5. Failure to report promptly at the expiration of a leave of absence shall be considered resignation. 6. When all available leave is exhausted. ARTICLE IX - TEMPORARY DISABILITY LEAVE A. POLICY Any employee covered by this contract who sustains an on-the-job injury compensable under the Nebraska Workers Compensation Act will be granted temporary 13 disability time of the injury. This period shall be up to one hundred fifty (150) consecutive calendar days following the original date of disability which shall mean that the employee is unable to perform an injury shall relate back to the original injury for purposes of this article, including the commencement date of the 150 day period. B. DEFINITIONS Temporary disability shall mean the complete inability of an employee, for reasons of accident or other cause while in the line of duty, to perform the job duties as defined by the emp consecutive calendar days from the date of injury or the date that disability begins. Temporary disability leave shall mean paid leave provided by the City to an eligible employee when that employee has no other paid leave available. C. BALANCES All payments of salary provided by this article shall be subject to deduction of amounts Compensation Act and other city leave balances as set forth below: 1. Pursuant to the waiting provisions in Section 48- Compensation Act, no workers compensation shall be allowed during the first seven calendar days following the date of injury or date that temporary disability begins, unless the disability continues for six weeks or longer. When the disability lasts less than six weeks, an employee may use Medical or vacation leave for the initial seven days. If no other leave is available, the City shall grant the employee temporary disability leave. 2. The employee shall retain all Workers Compensation payments following the initial waiting provisions as set forth above. 3. While on leave of any nature, the total net compensation paid to an employee, net salary at the time of the commencement of the leave, plus any allowed and approved cost of living increase which commences during the period of leave. D. SUBROGATION The City reserves a right of subrogation because of payment of temporary disability leave to any employee who is disabled or injured by a third party, and reserves the right to pursue payment of temporary disability leave. Should the employee receiving temporary disability 14 leave collect from the third party for wages, salary, or expenses otherwise paid by the City, he or she will reimburse the City for money paid as temporary disability leave or expenses resulting from the injury. The City reserves any other subrogation rights under Nebraska law. E. LIMITATION OF LEAVE Temporary disability leave will not be available to employees following one hundred fifty (150) days from the original date that the disability begins absent express approval of the City Administrator, who may grant an extension of this time not to exceed sixty (60) days if the employee has sufficient accumulated medical leave. Such extension shall be chargeable to the al leave bank. Any employee whose employment by the City is terminated due to exceeding this limitation of leave shall be compensated for any remaining unused Medical leave as in the case of retirement. If an employee reaches maximum medical improvement (MMI) and it is determined that the employee cannot perform the essential functions of the job, the employee may be terminated prior to the expiration of the 150 day period or extension and will be compensated for any unused medical leave as in the case of retirement. F. LIGHT DUTY POLICY The City may provide light duty work when possible for a defined period of time, not to exceed 150 days, for employees that are injured due to a work related situation. Employees will licy. The commencement of light duty work and/or modified duty work shall be five (5) calendar days from the date of disability. Any employee who does not willingly return to light duty work who is released by a doctor to do so, shall not be entitled to su employees in the City of Grand Island are covered by this policy and therefore are on notice from this date forward, that light duty work shall commence five (5) calendar days from the date of disability with appropriate medical release, unless the employee is willing to return sooner. ARTICLE X - GENERAL PROVISIONS CONCERNING LEAVE A. ABSENCE WITHOUT APPROVAL An employee who is absent from duty without approval shall receive no pay for the duration of the absence, and unless there is a legitimate reason for the absence, shall be subject to disciplinary action. 15 B. AUTHORIZED LEAVE FORM For all leaves except Medical leave, a written request on the authorized Leave Form, indicating the kind of leave, duration and dates of departure and retur n, must be approved prior to the taking of the leave. In the case of Medical leave, the form shall be completed and submitted for approval immediately upon the employee's return to duty. Unless an absence is substantiated by a Leave Form approved by the supervisor, an employee shall not be paid for any absence from scheduled work hours. ARTICLE XI - PENSION AND RETIREMENT PLAN A. COVERAGE The City agrees that the employees covered under this agreement are covered under the pension plan as adopted in Ordinance No. 4244, as amended. B. AMENDMENTS The City reserves the right to change the pension plan in accordance with existing and future statutes or federal legislation or regulations. ARTICLE XII - RATES OF PAY FOR WORK PERFORMED The Union and the City considered the following array of cities and utilities to determine negotiated salaries and benefits for work performed in the various job classifications covered by this agreement: Ames, Iowa; Fremont, Nebraska; Garden City, Kansas; Hastings, Nebraska; Kearney, Nebraska; Muscatine, Iowa; Norfolk, Nebraska; North Platte, Nebraska; Cedar Falls, Iowa, and Southern Nebraska Rural Public Power District. A. 2011 - 2012 FISCAL YEAR Rates of pay for the period October 1, 2011 through September 30, 2012 for work performed in the various classes of work under this agreement shall be adjusted by 1.75% as set the first full pay period on or after October 1, 2011. B. FUTURE CHANGES IN RATES OF PAY It is understood and agreed that payment of future rates is contingent upon the City adopting budget statements and appropriations or ordinances sufficient to fund such payments and salary ordinances authorizing such payments. The I.B.E.W. acknowledges that the City must comply with the Nebraska Budget Act. 16 C. PAY PLAN 1. Employees will be considered for pay schedule step increases upon the following schedule. Such adjustments in pay shall be effective on the first day of a pay period falling on or immediately after the classification anniversary. Step 1 Entry Level; Step 2 Upon the successful completion of six months of service in Step 1 by an intra-Utility Department transfer employee; Step3 Upon the successful completion of six months of service in Step 2 by an intra-Utility Department transfer employee; OR Upon successful completion of one year of service in Step 1 by a new hire employee; Step 4 8 Upon successful completion of the anniversary demotion. The classification of Lineworker 1st Class may move through steps 1 through 8 in six month intervals upon successful completion of the step. 2. The Mayor may evaluate the manner of performance of any employee, all employees, or any portion of the employees at any time during such employees' service. Any adjustments in the pay of such evaluated employees shall be effective on the first day of a pay period falling on or immediately after such adjustment. The first classification anniversary following such adjustment shall be used for the computation of the merit step increases for employees advanced to Step 4 or higher. 3. Employees, prior to advancing in step or grade, shall be evaluated. Such evaluation shall take place at least yearly. For purposes of an increase in pay, other than cost of li ving increases, an employee must receive at least a satisfactory rating during the first year of employment, or first year in a new position. Thereafter, to receive increases in pay, other than cost- of -living increases, an employee must receive a rating above satisfactory. Such evaluations shall be advisory and shall in no way require the granting of merit increases by the administration; but denial shall be in writing, showing cause for such denial. Should a merit increase be denied, a new evaluation shall be made six months from the date of the first evaluation. 4. Employees receiving the highest possible rating may be considered for more than a one-step increase when recommended by the Department Director. 5. In no case shall any employee be advanced beyond the maximum rate of the pay grade for his or her class of position. 17 ARTICLE XIII - EMPLOYEE RELATIONS A. GENERAL Every employee shall fulfill conscientiously the duties and responsibilities of his or her position. Employees shall conduct themselves at all times in a manner which reflects credit on the City. Employees shall be impartial in all official acts and shall in no way endanger nor give occasion for distrust of their impartiality. B. MEMBERSHIP IN UNION 1. An employee shall have the right to join, or refrain from joining, this Union. 2. This Union shall not exert pressures on any employee to join it. 3. The Union shall continue the practice of non-discrimination in membership on the basis of race, religion, national origin, color, age, gender, disability status, or political affiliation. 4. At any meeting between a representative of the City and an employee in which discipline (including warnings which are to be recorded in the personnel file, suspension, demotion or discharge for cause) is to be announced, the Union steward may be present if the employee so requests. C. DISCIPLINARY ACTION Any disciplinary action taken in accordance with State Statutes covering employees under this Agreement shall be governed by the grievance procedures set out in such Statutes. ARTICLE XIV - GRIEVANCE PROCEDURE A. PROCEDURE An alleged grievance arising from an employee shall be handled in the manner described below. A grievance for the purpose of this Agreement refers to a question of the interpretation of the terms of the labor agreement between the City and the Union. A work week shall be defined as Monday through Friday. 1. First Step - Any employee who believes that he or she has a justifiable request or grievance shall discuss the request or complaint within five (5) work days with his or her foreman, with or without the Union steward being present, as the employee may elect, in an attempt to settle same. The foregoing procedure, if followed in good faith by both parties, should lead to a fair and 18 speedy solution of most of the complaints arising out of the day to day operations of City government. However, if a complaint or request has not been satisfactorily resolved in Step 1, it may be presented and must be in writing and processed in Step 2 if the Union steward determines that it constitutes a meritorious grievance. A grievance, to be considered beyond Step 1, must be filed in writing with the foreman on forms provided by the City. 2. Second Step - If the alleged grievance is determined to be valid, the employee or his or her designated representative shall present it within ten (10) work days after the discussion with the foreman. The supervisor shall notify the employee in writing, within five (5) work days of his or her decision. 3. Third Step - If the grievance is not settled to the satisfaction of the employee, the employee or designated representative shall present it to the head of the department in writing within five (5) work days of the receipt of the decision of the immediate supervisor. The head of the department, or his or her designated representative, shall consider the grievance and shall notify the employee in writing of a decision within five (5) work days of the receipt of the grievance. 4. Fourth Step - If the grievance is not settled to the satisfaction of the employee, the employee or designated representative shall present it in writing to the Personnel Director within three (3) work days after the decision of the Department Director. The Personnel Director shall investigate the case within seven (7) work days and make a recommendation to the Chief Administrative Officer. The Chief Administrative Officer shall notify the employee of the decision made and of any action taken within seven (7) work days of the receipt of the grievance. 5. Fifth Step - If the grievance is not settled by the Chief Administrative Officer to the satisfaction of the employee, the employee may appeal, in writing, within ten (10) days of the receipt of the Chief Administrative Officer's decision to the arbitration board. The arbitration procedure established in this step shall extend only to those grievances which are arbitrable under this agreement. The arbitration procedure shall be as follows: a. The City and the Union shall each select an arbitrator within five days following the grieving party's written request, and the two thus chosen shall select a third impartial arbitrator. The three thus chosen shall be residents of the Grand Island, Nebraska, area (an area within 100 miles of the City), and shall constitute the arbitration board to hear and to determine the controversy or matter in dispute. If the third arbitrator cannot be found in the Grand Island area, he or she shall be obtained from the Federal Mediation and Conciliation Service by the two previously appointed. A finding or award of the majority of the arbitration board shall be advisory upon the parties. b. The third and impartial arbitrator shall act as the chairman of the arbitration board. The procedure to be followed in submitting the grievance to the arbitration board shall, unless agreed upon by the parties prior to the hearing, be determined by the chairman of the arbitration board. 19 i. It is understood and agreed between the parties that the decision of the arbitration board, constituted as set forth above, shall be advisory upon the parties, and that the board's jurisdiction shall be limited to the application of this contract. The board does not have the jurisdiction to amend, alter, enlarge, or ignore any provision of this contract. ii. Each party shall bear the expenses of its own arbitrator but the expenses of the third arbitrator shall be shared equally between the City and the Union. iii. It is specifically agreed that grievances shall not be combined for purposes of submitting them to arbitration. Only one grievance shall be heard in an arbitration proceeding. iv. If the City raises the question as to whether a grievance is arbitrable under this section, the Arbitration Board will not proceed under the assumption that the grievance is, in fact, arbitrable but must specifically rule on such question with the reason given therefor as part of its written decision. The Arbitration Board may rule on the arbitrability and the merits in the same hearing. B. PRESENTATION All grievances shall be presented by the employee in person. The employee may designate another person to assist in preparing and presenting the grievance. An employee and his or her designated representative shall obtain the permission of their immediate supervisor before leaving the job site to prepare or present a grievance. C. VIOLATION BY UNION If the City believes that this Agreement is being violated by the Union, the Chief Administrative Officer or his or her designated representative will contact the Chief Officer of the local Union. If the City is not satisfied with the results of its contract with the Union as pertinent to the alleged violation it will take action in accordance with the provisions of the Nebraska Statutes. ARTICLE XV - OTHER BENEFITS A. MEDICAL INSURANCE The City agrees to provide health, dental, and long-term disability insurance during the 20 and employee contribution level as provided to non-union through September 30 of each year. B. LIFE INSURANCE The City will provide a $50,000 term life insurance policy for the employee. Such policy shall contain an option allowing the employee to purchase additional term insurance as provided by the plan. The premium for the optional insurance shall be paid by the employee. C. DISCONTINUANCE OF INSURANCE 1. An employee who is on an approved leave of absence without pay will not be removed from coverage under the City's hospitalization and medical insurance plan. 2. The employee will be required to pay to the City the premium on the life insurance policy and medical insurance during his or her leave of absence without pay. D. PROTECTIVE CLOTHING 1. The Department Director of the Utilities Department shall determine what uniforms and protective clothing shall be required and furnished to employees. 2. The City will pay sixty per cent (60%) of the actual cost of providing and cleaning protective clothing. The employee shall pay forty per cent (40%) of said cost. 3. The Chief Union steward shall meet monthly with the Safety Director of the City's Utility Department. 4. The IBEW shall be entitled to designate at least one member to any safety committee required under Nebraska law. Employee members shall not be selected by the employer but shall be selected pursuant to procedures prescribed in rules and regulations adopted and promulgated by the Commissioner of Labor. E. MILEAGE PAID FOR USE OF PRIVATE VEHICLES The City agrees to pay employees for the approved use of their personal automobile in the performance of their duties at the rate provided by Neb. Rev. Stat. § 81-1176, as amended. F. TRAVEL TIME REIMBURSEMENT If an employee has to travel for approved City purposes other than a normal commute to and from his or her primary place of work (e.g. work related seminars and training), the employee will receive mileage and compensation consistent with Federal and State law. 21 G. MEDICAL INSURANCE COMMITTEE The City agrees to establish and maintain an employee advisory committee to aid in obtaining medical and dental insurance. ARTICLE XVI - MANAGEMENT RIGHTS A. OPERATION IN BEST INTERESTS OF CITY The City has endorsed the practices and procedures of collective bargaining as an orderly way to conduct its relations with this group of employees, provided, that the City, acting through its administrator, retains the right to effectively operate in a reasonable and efficient manner to serve the best interests of all the citizens of the City. B. STATUTORY AND ORDINANCE RIGHTS This agreement in no way changes the power of the City to exercise any and all powers vested in it by the statutes of the State of Nebraska and the code of the City of Grand Island. C. OTHER RIGHTS It is understood and agreed that the City possesses the sole right to operate the Utilities Department and that all management rights repose in it, but that such rights must be exercised consistently with the other provisions of this contract. These rights include but are not limited to the following: 1. Discipline or discharge for just cause. 2. Direct the work force. 3. Hire, assign or transfer employees. 4. Determine the mission of the Utility. 5. Determine the methods, means, number of personnel needed to carry out the Utility's mission. 6. Introduce new or improved methods or facilities. 7. Change existing methods or facilities. 8. Relieve employees. 9. Contract out for goods or service. 22 D. PRIOR AGREEMENTS SUPERSEDED This document constitutes the sole and complete agreement between the parties and embodies all the terms and conditions governing the employment of employees in the Union. The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is (or may be) subject to collective bargaining. Any prior commitment or agreement or agreement between the employer and the Union or any individual employee covered by this agreement is hereby superseded. E. PERSONNEL FUNCTIONS All personnel functions of the City shall be handled by a duly designated representative of the Mayor or Chief Administrative Officer. The Union agrees that it shall deal with the City only through the Chief Administrative Officer, or his or her designated representative. F. MEMBERS OF CITY COUNCIL The Union and its membership agree that it will not contact or deal with any of the members of the City Council concerning any aspects of negotiations, grievances, or any other relationship between the Union and the City. G. MATTERS NOT MENTIONED The rights of the employees are encompassed within this Agreement. Any and all matters not specifically mentioned in this Agreement are reserved to the City. Such matters reserved to the City and all matters specified in Paragraph "C" above (except No. 1) shall not be subject to grievance proceedings or negotiation during the life of this Agreement. All provisions of Chapters one, two, and three of the City Personnel Rules and Regulations now in effect hereafter not in conflict with this contract are by this reference made a part of this Agreement. ARTICLE XVII - OPERATIONS, SALES, MERGERS, DISSOLUTION A. SALE OF FACILITIES OR OPERATIONS This agreement shall not in any manner prevent the City from selling any part of or all of the Utilities' facilities and/or operations to others. B. LEASE OF FACILITIES OR OPERATIONS This agreement shall not in any manner prevent the City from leasing any part of or all of the Utilities' facilities and/or operations to others. 23 C. MERGING FACILITIES OR OPERATIONS This agreement shall not in any manner prevent the City from merging any part of or all of the Utilities' facilities and/or operations with other utilities. D. CEASING OPERATIONS This agreement shall not in any manner prevent the City from ceasing any part of or all of its Utilities' operation at any time. E. PAYMENT OF ACCRUED LEAVE In the event of a sale, transfer, merger, or cessation of utility operations, or any part thereof, those employees affected shall be paid at the time of sale, transfer, merger or cessation, compensation representing total accrued vacation leave unless the employee transfers to another city department . ARTICLE XVIII - STRIKES AND LOCKOUTS A. STRIKES Neither the Union nor any officers, agents, or employees will instigate, promote, sponsor, engage in, or condone any strike, slow-down, concerted stoppage of work or any other intentional interruption of the operations of the City, regardless of the reason for so doing. The Union shall at all times keep its members on the job during periods of negotiations and hearings for the settlement of grievances. If employees strike or in any manner slow down or stop work without Union authorization, the Union shall notify the City of the facts involved with the incident. No employee may miss work because he or she fails or refuses to cross a picket line on any City premises. Any or all employees who violate any of the provisions of this Article without Union sanction may be summarily discharged or disciplined by the City. Such discharge or discipline shall not be subject to grievance proceedings under any circumstances. B. LOCKOUTS The City will not lock out any employees during the term of the Agreement as a result of a labor dispute with the Union. 24 ARTICLE XIX - GENERAL PROVISIONS A. SOLICITATION OF UNION BUSINESS 1. No non-employee representative of the Union shall be permitted to come on the premises of the Utilities Department for any reason without first presenting his or her credentials to the Chief Administrative Officer or his or her authorized representative and obtaining permission to come on the premises of the Utilities Department. 2. The Union agrees that it, or its representatives, shall not solicit members in the Union, or otherwise carry on Union activities while the employees concerned are on City time. B. SOLICITATION FOR A NON-PROFIT ORGANIZATION When the City is, in cooperation with a non-profit organization, seeking contributions from its employees of the bargaining unit, such solicitation shall be coordinated with Union representatives, and Union representatives shall be responsible for approaching members of the unit for purposes of acquiring pledges or contributions. C. EMPLOYEE RIGHTS TO UNION MEMBERSHIP The City and the Union agree not to interfere with the right of employees to become or not to become members of the Union, and further that there shall be no discrimination or coercion against any employee because of Union membership or non-membership. D. DEMOTION An employee who fails to satisfactorily perform the duties of a classification into which he or she has been promoted shall be demoted to the classification from which promoted. He or she shall return to the same pay step held prior to promotion with the same regular status held prior to promotion. E. BULLETIN BOARDS ON CITY PREMISES The Union shall have the right to mount bulletin boards at its own expense at each office or plant location. The location, number, and construction of such bulletin boards, however, shall be subject to the approval of the City. The use of such bulletin boards shall be considered proper when confined to factual notices and announcements of the Union, such as: a. Meetings b. Nominations and elections of Union officers c. Results of Union elections d. Appointments to Union offices and committees 25 e. Social or recreational affairs f. Agreements made between the Union and the Company g. Joint announcements of letters issued by the Union and the City, or h. Other items as approved by personnel director of the City. F. SENIORITY, PROMOTION, LAYOFF - PROCEDURE 1. SENIORITY. Seniority shall accrue to an employee from his or her first day of employment with the City and shall vest upon completion of the employee's probationary period. 2. PROMOTION. Promotion shall be accomplished utilizing testing procedures and performance evaluations. When two or more employees are equally qualified for promotion, seniority shall become a deciding factor. 3. LAYOFF. If needed, layoff shall be accomplished in accordance with management's right to maintain proper city services concerning job classifications. Layoffs within a job classification shall be by seniority, least senior being laid off first. G. RESIDENCY All employees of the Utilities Department are required to reside within the limits as outlined D D commencement of employment and shall maintain such residency during the term of employment. ARTICLE XX - DURATION OF CONTRACT A. RIGHTS ON TERMINATION All of the terms, rights, obligations, benefits and conditions of this Agreement will expire on its termination. B. TERM This Agreement shall continue in full force and effect from its effective date through September 30, 2012 provided: 1. Either party may re-open this Agreement between October 1 and October 30 of any year in which the City does not adopt a budget statement and appropriation ordinance sufficient to fund the rates of pay and fringe benefits previously agreed upon by the parties. Negotiations shall be limited to rates of pay and fringe benefits and shall be completed by November 30. Upon 26 notification by either party, the parties shall mutually agree upon the time and place for the first negotiating session. Subsequent sessions shall be set by mutual agreement. Agreement in the setting of negotiating sessions shall not be unreasonably withheld by either party. 2. Negotiations for a new agreement to take effect upon the termination of this Agreement may begin on January 1 of the year of termination of this Agreement with an expectation that they begin no later than February 1, of that year, and with an expectation that they be completed by May 30, of that year, for budget preparation purposes. ARTICLE XXI - PAYROLL DEDUCTION OF UNION DUES A. PAYROLL DEDUCTION Upon receipt of a properly executed written request for payroll deduction of Union membership dues signed by any regular permanent employee, the Department shall: (1) make payroll deductions in accordance with that authorization card from such employee's wages and payments, and (2) remit the amount so deducted to the business manager of Local 1597, I.B.E.W. of America. The City agrees not to withhold any initiation fees, assessments, special or otherwise, nor any funds from an employee's pay for the benefit of the Union other than the regular monthly Union dues as set forth herein. B. REQUEST FORMS Requests for payroll deduction or revocation of said Union membership dues must be made on the form approved by the Union and the Department. C. UNION CERTIFICATION By written certification, the business manager of the I.B.E.W. shall keep the Department currently informed of the amount of regular Union membership dues for the pay period. Standard annual dues increases shall not require new authorization cards from each employee. D. INDEMNIFICATION The Union shall indemnify and save the City harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken or not taken by the City for the purpose of complying with the provisions of this part, or in reliance on any dues deduction card furnished under the provisions of this part or on any certification by the business manager of the I.B.E.W. E. STRIKES, ETC. This Article shall become null and void for the remaining life of the contract, effective immediately, in the event the Union or its members participate in a strike, slowdown, work stoppage, or other intentional interruption of the City Utility oper ations. 27 ARTICLE XXII - SEVERABILITY If any of the provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XXIII - SCOPE OF AGREEMENT A. COMPLETE AGREEMENT The parties mutually agree that this contract constitutes the entire Agreement and understanding concerning all proper subjects of collective bargaining for the duration of the contract between the parties and supersedes all previous agreements. This contract shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties. B. INTERPRETATION This Agreement has been executed in accordance with the statutes and the laws of the State of Nebraska and the United States of America, and any dispute, disagreement, or litigation arising under this Agreement shall be adjudged in accordance with the statutes and laws of the State of Nebraska and of the United States of America. C. NEGOTIATIONS The parties agree that the negotiations preceding the signing of this Agreement included negotiations on all proper subjects of bargaining and that all negotiations were conducted in accordance with all applicable federal and state requirements. ARTICLE XXIV - C. I. R. WAIVER As a result of negotiations, and in consideration of this entire collective bargaining agreement, the Union, on behalf of all of its members, hereby knowingly, intelligently, and voluntarily waives its right to file any proceedings with the Nebraska Commission of Industrial Relations alleging lack of comparability with respect to any wages, fringe benefits or any other conditions of employment with respect to the time period between October 1, 2011 through September 30, 2012. 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ___ day of October 2011. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Local Union No. 1597 By _____________________________________ President, Local Union 1597 By _____________________________________ Vice President, Local Union 1597 CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By _____________________________________ Jay Vavricek, Mayor Attest _________________________________ RaNae Edwards, City Clerk Exhibit A Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Custodian-PCC Hourly 15.7268 16.1047 16.4917 16.8881 17.2939 17.7097 18.1352 18.5712 8005 BiWeekly 1,258.14 1,288.38 1,319.34 1,351.05 1,383.51 1,416.78 1,450.82 1,485.70 Monthly 2,725.98 2,791.48 2,858.56 2,927.27 2,997.61 3,069.68 3,143.43 3,219.01 Annual 32,711.64 33,497.88 34,302.84 35,127.30 35,971.26 36,836.28 37,721.32 38,628.20 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Custodian-PGS Hourly 15.7268 16.1047 16.4917 16.8881 17.2939 17.7097 18.1352 18.5712 8006 BiWeekly 1,258.14 1,288.38 1,319.34 1,351.05 1,383.51 1,416.78 1,450.82 1,485.70 Monthly 2,725.98 2,791.48 2,858.56 2,927.27 2,997.61 3,069.68 3,143.43 3,219.01 Annual 32,711.64 33,497.88 34,302.84 35,127.30 35,971.26 36,836.28 37,721.32 38,628.20 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Elc Undgr CrewC Hourly 28.7270 29.7308 30.7697 31.8450 32.9579 34.1098 35.3017 36.5353 8010 BiWeekly 2,298.16 2,378.46 2,461.58 2,547.60 2,636.63 2,728.78 2,824.14 2,922.82 Monthly 4,979.35 5,153.34 5,333.41 5,519.80 5,712.70 5,912.37 6,118.96 6,332.79 Annual 59,752.16 61,839.96 64,001.08 66,237.60 68,552.38 70,948.28 73,427.64 75,993.32 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Elc Dstrb CrewC Hourly 28.7270 29.7308 30.7697 31.8450 32.9579 34.1098 35.3017 36.5353 8011 BiWeekly 2,298.16 2,378.46 2,461.58 2,547.60 2,636.63 2,728.78 2,824.14 2,922.82 Monthly 4,979.35 5,153.34 5,333.41 5,519.80 5,712.70 5,912.37 6,118.96 6,332.79 Annual 59,752.16 61,839.96 64,001.08 66,237.60 68,552.38 70,948.28 73,427.64 75,993.32 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Eng Tech I Hourly 18.1032 19.0537 20.0542 21.1073 22.2157 23.3823 24.6100 25.9023 8020 BiWeekly 1,448.26 1,524.30 1,604.34 1,688.58 1,777.26 1,870.58 1,968.80 2,072.18 Monthly 3,137.89 3,302.64 3,476.06 3,658.60 3,850.72 4,052.93 4,265.73 4,489.73 Annual 37,654.76 39,631.80 41,712.84 43,903.08 46,208.76 48,635.08 51,188.80 53,876.68 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Eng Tech II Hourly 22.3791 23.4113 24.4910 25.6207 26.8025 28.0386 29.3320 30.6848 8025 BiWeekly 1,790.33 1,872.90 1,959.28 2,049.66 2,144.20 2,243.09 2,346.56 2,454.78 Monthly 3,879.04 4,057.96 4,245.11 4,440.92 4,645.77 4,860.02 5,084.21 5,318.70 Annual 46,548.53 48,695.50 50,941.28 53,291.06 55,749.20 58,320.29 61,010.56 63,824.38 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 GIS Coordinator Hourly 23.0246 24.1663 25.3646 26.6223 27.9423 29.3278 30.7819 32.3083 8030 BiWeekly 1,841.97 1,933.30 2,029.17 2,129.78 2,235.38 2,346.22 2,462.55 2,584.66 Monthly 3,990.93 4,188.83 4,396.53 4,614.53 4,843.33 5,083.49 5,335.53 5,600.11 Annual 47,891.22 50,265.80 52,758.42 55,374.28 58,119.88 61,001.72 64,026.30 67,201.16 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Instrument Tech Hourly 27.0030 28.0989 29.2391 30.4255 31.6602 32.9450 34.2820 35.6731 8035 BiWeekly 2,160.24 2,247.91 2,339.13 2,434.04 2,532.82 2,635.60 2,742.56 2,853.85 Monthly 4,680.52 4,870.48 5,068.11 5,273.75 5,487.77 5,710.47 5,942.21 6,183.34 Annual 56,166.24 58,445.66 60,817.38 63,285.04 65,853.32 68,525.60 71,306.56 74,200.10 October 10, 2011 IBEW Utilities Exhibit A October 10, 2011 IBEW Utilities Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Linewrkr Appren Hourly 17.5111 18.4953 19.5348 20.6326 21.7921 23.0169 24.3105 25.6767 8040 BiWeekly 1,400.89 1,479.62 1,562.78 1,650.61 1,743.37 1,841.35 1,944.84 2,054.14 Monthly 3,035.26 3,205.85 3,386.03 3,576.32 3,777.30 3,989.60 4,213.82 4,450.63 Annual 36,423.14 38,470.12 40,632.28 42,915.86 45,327.62 47,875.10 50,565.84 53,407.64 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Lnwrk 1st Class Hourly 26.5428 27.1868 27.8464 28.5222 29.2142 29.9228 30.6489 31.3925 8045 BiWeekly 2,123.42 2,174.94 2,227.71 2,281.78 2,337.14 2,393.82 2,451.91 2,511.40 Monthly 4,600.75 4,712.38 4,826.71 4,943.85 5,063.79 5,186.62 5,312.48 5,441.37 Annual 55,208.92 56,548.44 57,920.46 59,326.28 60,765.64 62,239.32 63,749.66 65,296.40 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Materials Hndlr Hourly 21.8556 22.7900 23.7642 24.7800 25.8393 26.9438 28.0957 29.2968 8055 BiWeekly 1,748.45 1,823.20 1,901.14 1,982.40 2,067.14 2,155.50 2,247.66 2,343.74 Monthly 3,788.30 3,950.27 4,119.13 4,295.20 4,478.81 4,670.26 4,869.92 5,078.11 Annual 45,459.70 47,403.20 49,429.64 51,542.40 53,745.64 56,043.00 58,439.16 60,937.24 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Meter Tech Hourly 21.1717 21.8221 22.4924 23.1834 23.8957 24.6297 25.3863 26.1661 8060 BiWeekly 1,693.74 1,745.77 1,799.39 1,854.67 1,911.66 1,970.38 2,030.90 2,093.29 Monthly 3,669.76 3,782.50 3,898.68 4,018.46 4,141.92 4,269.15 4,400.29 4,535.46 Annual 44,037.24 45,390.02 46,784.14 48,221.42 49,703.16 51,229.88 52,803.40 54,425.54 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Pwr Dispatch I Hourly 26.5134 27.7917 29.1314 30.5359 32.0080 33.5511 35.1686 36.8640 8070 BiWeekly 2,121.07 2,223.34 2,330.51 2,442.87 2,560.64 2,684.09 2,813.49 2,949.12 Monthly 4,595.66 4,817.23 5,049.44 5,292.89 5,548.05 5,815.52 6,095.89 6,389.76 Annual 55,147.82 57,806.84 60,593.26 63,514.62 66,576.64 69,786.34 73,150.74 76,677.12 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Pwr Dispatch II Hourly 27.8474 29.1892 30.5958 32.0700 33.6154 35.2351 36.9329 38.7126 8075 BiWeekly 2,227.79 2,335.14 2,447.66 2,565.60 2,689.23 2,818.81 2,954.63 3,097.01 Monthly 4,826.88 5,059.46 5,303.27 5,558.80 5,826.67 6,107.42 6,401.70 6,710.18 Annual 57,922.54 60,713.64 63,639.16 66,705.60 69,919.98 73,289.06 76,820.38 80,522.26 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 PP Maint Mch PGS Hourly 25.0977 25.8964 26.7205 27.5708 28.4482 29.3535 30.2876 31.2514 8080 BiWeekly 2,007.82 2,071.71 2,137.64 2,205.66 2,275.86 2,348.28 2,423.01 2,500.11 Monthly 4,350.27 4,488.71 4,631.55 4,778.94 4,931.02 5,087.94 5,249.85 5,416.91 Annual 52,203.32 53,864.46 55,578.64 57,347.16 59,172.36 61,055.28 62,998.26 65,002.86 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 PP Maint Mch Brd Hourly 25.0977 25.8964 26.7205 27.5708 28.4482 29.3535 30.2876 31.2514 8081 BiWeekly 2,007.82 2,071.71 2,137.64 2,205.66 2,275.86 2,348.28 2,423.01 2,500.11 Monthly 4,350.27 4,488.71 4,631.55 4,778.94 4,931.02 5,087.94 5,249.85 5,416.91 Annual 52,203.32 53,864.46 55,578.64 57,347.16 59,172.36 61,055.28 62,998.26 65,002.86 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Pwr Plt Opr PGS Hourly 29.6493 30.3026 30.9705 31.6529 32.3503 33.0633 33.7918 34.5364 8090 BiWeekly 2,371.94 2,424.21 2,477.64 2,532.23 2,588.02 2,645.06 2,703.34 2,762.91 Monthly 5,139.21 5,252.45 5,368.22 5,486.50 5,607.39 5,730.97 5,857.25 5,986.31 Annual 61,670.44 63,029.46 64,418.64 65,837.98 67,288.52 68,771.56 70,286.84 71,835.66 Exhibit A October 10, 2011 IBEW Utilities Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr Material Hdl Hourly 25.1644 26.1379 27.1492 28.1996 29.2908 30.4241 31.6011 32.8236 8100 BiWeekly 2,013.15 2,091.03 2,171.94 2,255.97 2,343.26 2,433.93 2,528.09 2,625.89 Monthly 4,361.83 4,530.57 4,705.86 4,887.93 5,077.07 5,273.51 5,477.52 5,689.42 Annual 52,341.90 54,366.78 56,470.44 58,655.22 60,924.76 63,282.18 65,730.34 68,273.14 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr Pwr Dispatch Hourly 32.2133 33.7031 35.2618 36.8926 38.5988 40.3840 42.2517 44.2057 8105 BiWeekly 2,577.06 2,696.25 2,820.94 2,951.41 3,087.90 3,230.72 3,380.14 3,536.46 Monthly 5,583.64 5,841.87 6,112.05 6,394.72 6,690.46 6,999.89 7,323.63 7,662.32 Annual 67,003.56 70,102.50 73,344.44 76,736.66 80,285.40 83,998.72 87,883.64 91,947.96 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr Pwr Plt Oper Hourly 29.2327 30.2886 31.3828 32.5165 33.6910 34.9080 36.1690 37.4754 8110 BiWeekly 2,338.62 2,423.09 2,510.62 2,601.32 2,695.28 2,792.64 2,893.52 2,998.03 Monthly 5,067.00 5,250.02 5,439.69 5,636.19 5,839.77 6,050.72 6,269.29 6,495.74 Annual 60,804.12 63,000.34 65,276.12 67,634.32 70,077.28 72,608.64 75,231.52 77,948.78 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr Wtr Mtn Wrkr Hourly 20.4500 21.2700 22.1229 23.0098 23.9323 24.8919 25.8899 26.9280 8120 BiWeekly 1,636.00 1,701.60 1,769.83 1,840.78 1,914.58 1,991.35 2,071.19 2,154.24 Monthly 3,544.67 3,686.80 3,834.64 3,988.37 4,148.27 4,314.60 4,487.58 4,667.52 Annual 42,536.00 44,241.60 46,015.58 47,860.28 49,779.08 51,775.10 53,850.94 56,010.24 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr Eng Tech Hourly 28.3158 29.1446 29.9976 30.8755 31.7793 32.7094 33.6667 34.6522 8125 BiWeekly 2,265.26 2,331.57 2,399.81 2,470.04 2,542.34 2,616.75 2,693.34 2,772.18 Monthly 4,908.07 5,051.73 5,199.58 5,351.75 5,508.41 5,669.63 5,835.56 6,006.38 Annual 58,896.76 60,620.82 62,395.06 64,221.04 66,100.84 68,035.50 70,026.84 72,076.68 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr Substa Tech Hourly 34.4193 34.5956 34.7730 34.9512 35.1302 35.3103 35.4913 35.6731 8130 BiWeekly 2,753.54 2,767.65 2,781.84 2,796.10 2,810.42 2,824.82 2,839.30 2,853.85 Monthly 5,966.01 5,996.57 6,027.32 6,058.21 6,089.23 6,120.45 6,151.83 6,183.34 Annual 71,592.04 71,958.90 72,327.84 72,698.60 73,070.92 73,445.32 73,821.80 74,200.10 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Substa Tech Hourly 31.8632 32.0408 32.2194 32.3991 32.5798 32.7616 32.9443 33.1281 8135 BiWeekly 2,549.06 2,563.26 2,577.55 2,591.93 2,606.38 2,620.93 2,635.54 2,650.25 Monthly 5,522.95 5,553.74 5,584.70 5,615.84 5,647.17 5,678.68 5,710.35 5,742.20 Annual 66,275.56 66,644.76 67,016.30 67,390.18 67,765.88 68,144.18 68,524.04 68,906.95 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 System Tech-PCC Hourly 28.0805 29.0572 30.0677 31.1134 32.1955 33.3154 34.4741 35.6731 8140 BiWeekly 2,246.44 2,324.58 2,405.42 2,489.07 2,575.64 2,665.23 2,757.93 2,853.85 Monthly 4,867.29 5,036.58 5,211.73 5,392.99 5,580.55 5,774.67 5,975.51 6,183.34 Annual 58,407.44 60,438.88 62,540.92 64,715.82 66,966.64 69,295.98 71,706.18 74,200.10 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 System Tech-PGS Hourly 28.0805 29.0572 30.0677 31.1134 32.1955 33.3154 34.4741 35.6731 8141 BiWeekly 2,246.44 2,324.58 2,405.42 2,489.07 2,575.64 2,665.23 2,757.93 2,853.85 Monthly 4,867.29 5,036.58 5,211.73 5,392.99 5,580.55 5,774.67 5,975.51 6,183.34 Annual 58,407.44 60,438.88 62,540.92 64,715.82 66,966.64 69,295.98 71,706.18 74,200.10 Exhibit A October 10, 2011 IBEW Utilities Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Tree Trim Cr Ch Hourly 25.1546 25.9450 26.7606 27.6015 28.4689 29.3637 30.2866 31.2384 8145 BiWeekly 2,012.37 2,075.60 2,140.85 2,208.12 2,277.51 2,349.10 2,422.93 2,499.07 Monthly 4,360.13 4,497.13 4,638.50 4,784.26 4,934.61 5,089.71 5,249.68 5,414.66 Annual 52,321.62 53,965.60 55,662.10 57,411.12 59,215.26 61,076.60 62,996.18 64,975.82 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Pwr Plt Oper Bur Hourly 29.6493 30.3026 30.9705 31.6529 32.3503 33.0633 33.7918 34.5364 8150 BiWeekly 2,371.94 2,424.21 2,477.64 2,532.23 2,588.02 2,645.06 2,703.34 2,762.91 Monthly 5,139.21 5,252.45 5,368.22 5,486.50 5,607.39 5,730.97 5,857.25 5,986.31 Annual 61,670.44 63,029.46 64,418.64 65,837.98 67,288.52 68,771.56 70,286.84 71,835.66 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Utl Electrician Hourly 25.2079 26.2111 27.2546 28.3393 29.4673 30.6402 31.8599 33.1281 8155 BiWeekly 2,016.63 2,096.89 2,180.37 2,267.14 2,357.38 2,451.22 2,548.79 2,650.25 Monthly 4,369.37 4,543.26 4,724.13 4,912.15 5,107.67 5,310.97 5,522.38 5,742.20 Annual 52,432.38 54,519.14 56,689.62 58,945.64 61,291.88 63,731.72 66,268.54 68,906.95 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Util Tech PGS Hourly 24.6204 25.8535 27.1400 28.4938 29.9144 31.4155 32.9836 34.6321 8160 BiWeekly 1,969.63 2,068.28 2,171.20 2,279.50 2,393.15 2,513.24 2,638.69 2,770.57 Monthly 4,267.54 4,481.27 4,704.27 4,938.93 5,185.16 5,445.35 5,717.16 6,002.90 Annual 51,210.38 53,775.28 56,451.20 59,267.00 62,221.90 65,344.24 68,605.94 72,034.82 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Util Tech Burd Hourly 24.6204 25.8535 27.1400 28.4938 29.9144 31.4155 32.9836 34.6321 8161 BiWeekly 1,969.63 2,068.28 2,171.20 2,279.50 2,393.15 2,513.24 2,638.69 2,770.57 Monthly 4,267.54 4,481.27 4,704.27 4,938.93 5,185.16 5,445.35 5,717.16 6,002.90 Annual 51,210.38 53,775.28 56,451.20 59,267.00 62,221.90 65,344.24 68,605.94 72,034.82 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Util Wrhs Clerk Hourly 18.1921 18.7463 19.3173 19.9059 20.5123 21.1372 21.7811 22.4447 8165 BiWeekly 1,455.37 1,499.70 1,545.38 1,592.47 1,640.98 1,690.98 1,742.49 1,795.58 Monthly 3,153.30 3,249.36 3,348.33 3,450.36 3,555.47 3,663.78 3,775.39 3,890.41 Annual 37,839.62 38,992.20 40,179.88 41,404.22 42,665.48 43,965.48 45,304.74 46,685.08 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Water Main Wrkr Hourly 17.0380 17.8456 18.6916 19.5776 20.5056 21.4776 22.4956 23.5619 8175 BiWeekly 1,363.04 1,427.65 1,495.33 1,566.21 1,640.45 1,718.21 1,799.65 1,884.95 Monthly 2,953.25 3,093.24 3,239.88 3,393.45 3,554.30 3,722.78 3,899.24 4,084.06 Annual 35,439.04 37,118.90 38,878.58 40,721.46 42,651.70 44,673.46 46,790.90 49,008.70 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Wireworker I Hourly 19.1407 20.1117 21.1321 22.2042 23.3307 24.5142 25.7580 27.0649 8180 BiWeekly 1,531.26 1,608.94 1,690.57 1,776.34 1,866.46 1,961.14 2,060.64 2,165.19 Monthly 3,317.72 3,486.03 3,662.90 3,848.73 4,043.99 4,249.13 4,464.72 4,691.25 Annual 39,812.76 41,832.44 43,954.82 46,184.84 48,527.96 50,989.64 53,576.64 56,294.94 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Wireworker II Hourly 26.5428 27.1868 27.8464 28.5222 29.2142 29.9228 30.6489 31.3925 8185 BiWeekly 2,123.42 2,174.94 2,227.71 2,281.78 2,337.14 2,393.82 2,451.91 2,511.40 Monthly 4,600.75 4,712.38 4,826.71 4,943.85 5,063.79 5,186.62 5,312.48 5,441.37 Annual 55,208.92 56,548.44 57,920.46 59,326.28 60,765.64 62,239.32 63,749.66 65,296.40 Approved as to Form ¤ ___________ September 13, 2011 ¤ City Attorney R E S O L U T I O N 2011-309 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City has the authority to make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate powers; and WHEREAS, an employee group at the City of Grand Island is represented by the Union Local No. 1597, I.B.E.W., AFL-CIO (IBEW Utilities) and WHEREAS, representatives of the City and the IBEW, Local No. 1597 met to negotiate a labor agreement, and WHEREAS, the contract specifies a salary adjustment of 1.75% as well as all other terms and conditions outlined in the agreement, and WHEREAS, an agreement was reached with the employee group and a labor agreement has been presented to City Council for approval, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the Labor Agreement by and between the City of Grand Island and the Union Local No. 1597, I.B.E.W., AFL-CIO, (IBEW Utilities) for the period of October 1, 2011 through September 30, 2012. - - Adopted by the City Council of the City of Grand Island, Nebraska, on October 11, 2011. ________________________ Jay Vavricek, Mayor Attest: ___________________________________ RaNae Edwards, City Clerk Item I4 #2011-310 - Consideration of Approving the IBEW (Wastewater) Labor Agreement Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: October 11, 2011 Subject: I-4 Item #’s: Consideration of Approval of IBEW (Wastewater) Labor Agreement Presenter(s): Brenda Sutherland, Human Resources Director Background Employees who work at the City Wastewater Treatment Plant currently work under the conditions outlined in the labor agreement between the City of Grand Island and the Union Local No. 1597, I.B.E.W., AFL-CIO. This group is more commonly referred to as the IBEW Wastewater. The current contract expired as of midnight September 30, 2011. Employees are continuing to work under the same terms until a new labor agreement is negotiated. The City’s negotiating team and IBEW’s negotiating team met several times to negotiate the terms of a new agreement. The negotiations were handled in good faith with both parties focused on a fair contract. Discussion The labor agreement being brought forward for Council consideration has few changes recommended. The proposed agreement will run from October 1, 2011 through September 30, 2012. A 1.25% wage increase was negotiated. The most notable change was the increase of vacation hours to match other City employees. The increase added forty-four hours over the course of twenty-five years. Other changes in the contract include; changing grandchildren from non-immediate to immediate family for purposes of bereavement leave, increasing the medical leave time allowed for the care of family members from forty to eighty, and a March 15th and September 15th deadline for personal day usage. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation A recommendation to approve the labor agreement between the City of Grand Island and Local No. 1597, I.B.E.W., AFL-CIO for Wastewater Treatment Plant employees. Sample Motion Move to approve the labor agreement between the City of Grand Island and Local No. 1597, I.B.E.W., AFL-CIO for Wastewater Treatment Plant employees. and UNION LOCAL NO. 1597, I.B.E.W., AFL-CIO WASTEWATER TREATMENT PLANT October 1, 2011 through September 30, 2012 TABLE OF CONTENTS Page Purpose and Intent of the Parties ...........................................................................................1 Article I Recognition A. Bargaining Unit ....................................................................................................1 Article II Hours of Work A. Schedules of Work ...............................................................................................1 B. Changes in Work Schedule ..................................................................................2 C. Rest Periods ..........................................................................................................2 D. Overtime and Compensatory Time .......................................................................2 E. Stand-By Duty ......................................................................................................3 F. Call-Back Pay .......................................................................................................3 Article III Holidays and Holiday Pay A. Holidays ...............................................................................................................3 B. Weekend Holidays ...............................................................................................4 C. Eligibility for Holiday Pay ...................................................................................4 D. Personal Day ........................................................................................................4 Article IV Vacations A. Eligibility .............................................................................................................4 B. Amount Authorized ..............................................................................................5 C. Vacation Schedule ................................................................................................5 D. Seniority for Vacation Planning ...........................................................................6 E. Vacation Time Carry-Over ...................................................................................6 F. Vacation Credit on Termination and Retirement..................................................6 Article V Medical Leave, Bereavement Leave, and FMLA Leave A. Amount Authorized..............................................................................................7 B. Use of Medical Leave ..........................................................................................7 C. Proof of Illness .....................................................................................................8 D. Fraudulent Use of Medical Leave ........................................................................8 E. Compensation for Unused Medical Leave ...........................................................8 F. Notification of Illness ...........................................................................................8 G. Family and Medical Leave Act Policy .................................................................8 H. Use of Bereavement Leave ..................................................................................9 Article VI Military Leave A. Military Leave ......................................................................................................9 Article VII Court Leave A. When Authorized .................................................................................................9 B. Procedure ..............................................................................................................9 C. Fees.......................................................................................................................9 Article VIII Leave Without Pay A. Procedure .............................................................................................................10 B. Limitations ...........................................................................................................10 Article IX Leave to Supplement Workers Compensation Benefits A. Policy ...................................................................................................................11 B. Application of Workers' Compensation and Other Leave Balances ....................11 C. Subrogation ..........................................................................................................11 D. Limitation of Leave ..............................................................................................12 E. Light Duty Policy .................................................................................................12 Article X General Provisions Concerning Leave A. Absence Without Approval ..................................................................................12 B. Leave Form ..........................................................................................................13 C. Compensation Limit During Leave .......................................................................13 Article XI Pension Retirement Plan A. Pension .................................................................................................................13 Article XII Seniority A. Seniority ...............................................................................................................13 Article XIII Rates of Pay for Work Performed A. Pay Plan................................................................................................................15 B. Fiscal Year 2011-2012 .........................................................................................15 C. Stipends, Shift Differential and Key Class...........................................................16 D. Working Out Of Class..........................................................................................16 Article XIV Employee Relations A. General .................................................................................................................16 B. Membership in Union...........................................................................................16 C. Grievance and Discipline Procedures ..................................................................17 D. Procedures as of October 1, 2011 ........................................................................18 Article XV Other Benefits A. Medical Insurance ................................................................................................25 B. Cafeteria Plan .......................................................................................................25 C. Life Insurance .......................................................................................................25 D. Union Bulletin Board ...........................................................................................25 E. Health Insurance Committee ................................................................................26 F. Protective Clothing ...............................................................................................26 G. Travel Time Reimbursement ...............................................................................26 Article XVI Management Rights .....................................................................................26 Article XVII General Provisions ......................................................................................27 Article XVIII Strikes and Lockouts ................................................................................29 Article XIX Duration of Contract ...................................................................................29 Article XX Severability .....................................................................................................29 Article XXI Scope of Agreement A. Complete Agreement ...........................................................................................30 B. Interpretation ........................................................................................................30 C. Negotiations .........................................................................................................30 Article XXII C.I.R. Waiver ..............................................................................................30 1 AGREEMENT THIS AGREEMENT, dated ______________, 2011, is between the City of Grand Island (hereinafter referred to as the "City"), and the International Brotherhood of Electrical Workers, Local 1597 (hereinafter referred to as the "Union"). The provisions of this agreement shall be effective October 1, 2011 through and including September 30, 2012. PURPOSE AND INTENT OF THE PARTIES The purpose of the City and the Union entering this labor agreement is to promote harmonious relations between the employer and the union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay and other conditions of employment. ARTICLE I - RECOGNITION A. BARGAINING UNIT The City hereby recognizes the Union as the sole representative of those full-time non-supervisory employees in the following positions employed at the Wastewater Treatment Plant. Only employees with regular status in the classifications listed below are eligible for representation by the Union: Wastewater Treatment Plant Clerk Accounting Technician Maintenance Worker Maintenance Mechanic I/II Wastewater Plant Operator I/II Wastewater Laboratory Technician Equipment Operator Senior Equipment Operator Additional job classifications may be added to the bargaining unit by mutual written agreement of the parties. ARTICLE II - HOURS OF WORK A. SCHEDULES OF WORK The City shall establish the work week, work day, and hours of work. The work week, work day and hours of work may vary according to the special requirements of any division or program. Work schedules shall be arranged, to the extent possible, with five 2 consecutive work days followed by two consecutive days off. The City will post, in designated areas, the initial work schedules after the ratification of this contract. B. CHANGES IN WORK SCHEDULE All changes in work schedules, except in cases of emergency, shall be posted for all to see at least 72 hours before the change is effective in the same designated areas as the initial schedules referred to in Paragraph A. C. REST PERIODS Employees shall be granted a 15-minute rest period during the approximate middle of each one-half (1/2) work day, provided however, that the granting of such rest periods shall be at such times as are the least disruptive of work in progress. If during emergencies or other similar situations it is not feasible to grant any such rest periods, employees shall not receive pay or additional time in lieu thereof. Employees shall be allowed at least one half hour off, without pay, for a meal as close to the middle of the shift as possible. D. OVERTIME AND COMPENSATORY TIME 1. All officially authorized work performed in excess of forty (40) hours a week, shall be compensated for at the rate of one and one-half (1½) times the excess hours worked. The compensation shall be in either compensatory time or cash payment, at the option of the employee. 2. Overtime and compensatory time for work shall be accrued and compensated for in one-tenth (1/10) hour units. 3. This article is intended to be construed only as a basis for overtime and shall not be construed as a guarantee of hours of work per day or per week. Overtime shall not be paid more than once for the same hours worked. 4. all include actual hours worked. Any payment for time not actually worked (leave time) shall not count towards the calculation of overtime. 5. An employee shall have the option of accruing compensatory leave time at a rate of one and one-half (1 ½) times the actual hours worked in lieu of the payment of overtime. Employees may accrue a maximum of eighty (80) hours of compensatory time (53.33 hours of actual time worked). The compensatory time off shall be taken at a time mutually agreed upon by the employee and his/her supervisor. It is understood that the usage of the compensatory time is to be requested just like annual leave, and may be denied as may any other annual leave. Requests for the use of accrued compensatory time shall not be unreasonably denied. 3 6. Compensatory time kept by individual employees or their supervisors will not be recognized and is prohibited. 7. Overtime shall be distributed as equally as possible based on the work needed and job skills and qualifications of employees. E. STAND-BY DUTY 1. The City may assign employees to stand-by duty for handling trouble calls on other than the normal workday. a. The stand-by duty work week will be determined by the City. The initial schedule will be posted after ratification of this contract and all changes in stand-by schedules, except in cases of emergency, shall be posted in designated areas at least 72 hours before the change is effective. b. The employee assigned to this duty shall call upon the assigned supervisor for additional employees when such employee needs help. 2. The compensation for stand-by duty will be eight (8) hours per week of stand- by duty Sunday during his or her stand-by duty week. 3. The employee assigned to this duty shall be available by communication equipment provided by the City at all times under this arrangement. 4. A truck will be assigned to the employee on stand-by duty if such employee lives within 10 miles of the Wastewater Treatment Plant. F. CALL-BACK PAY In the event an employee is called to duty during his or her off-duty time, and such time does not otherwise merge with his or her regularly-scheduled work schedule, such employee shall be paid at the rate of one and one-half (1 1/2) times the actual number of hours worked, although the employee shall be compensated for no less than two hours at the enhanced rate. ARTICLE III - HOLIDAYS AND HOLIDAY PAY A. HOLIDAYS The following holidays are observed. They shall be granted with pay to all regular status employees regularly scheduled to work on such days, provided, that an 4 employee may be required to work on a holiday if necessary to maintain essential services to the public. Employees will be compensated at the rate of time and one half for working on one of the holidays listed: New Year's Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Memorial Day Labor Day Independence Day Christmas Day B. WEEKEND HOLIDAYS When a holiday falls on Sunday, the following Monday shall be observed as a holiday; when a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. C. ELIGIBILITY FOR HOLIDAY PAY No employee shall be eligible for holiday pay unless he or she is in an active pay status the last regularly scheduled day before the holiday or the first regularly scheduled day after the holiday. Active pay status shall mean any pay status other than leave without pay or suspension without pay. D. PERSONAL DAY Personal Leave Days will be given to employees each year. One will be given in October and must be taken by March 15th. The second Personal Leave Day will be given in April and must be taken by September 15th. In addition to the two personal leave days, the City will provide one annual personal leave day that will be granted on October 1st and must be used by the last full pay period in September. Personal Leave Days may be taken at any time and may be taken in one (1) hour increments; provided, the time The Director or his or her designees will make every effort to grant requested personal leave time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Use of personal leave will not be unreasonably denied. ARTICLE IV - VACATIONS A. ELIGIBILITY All regular status employees are eligible to take vacation leave as it is earned and shall accrue vacation leave in bi-weekly increments as described below. Employees shall not earn or accrue any vacation time during their introductory period. Vacation may be taken at any time and may be taken in one (1) hour increments; provided, the time selected by Requests for vacation time will not be unreasonably denied. 5 employees normally scheduled to work at least 30 hours per week throughout the course of the year and who have completed their introductory terms. It shall specifically exclude employees who are temporary, seasonal, introductory, and/or working fewer than 30 hours per week. B. AMOUNT AUTHORIZED Authorized vacation leave shall be computed on the following basis: 1. Upon successfully completing the six-month introductory period, an employee will have available forty (40) hours of vacation time. The employee will accrue an additional forty (40) hours in the first six months of continuous service following the introductory period. 2. Years 2 through 4 Eighty (80) Hours 3. Years 5 through 6 One hundred twenty (120) Hours 4. Years 7 through 8 One hundred Twenty-Eight (128) Hours 5. Years 9 through 10 One Hundred Thirty-Six (136) Hours 6. Years 11 through 12 One Hundred Forty-Four (144) Hours 7. Year 13 One Hundred Fifty-Two (152) Hours 8. Years 14 through 19 One Hundred Sixty (160) Hours 9. Years 20 through 24 One Hundred Sixty-Eight (168) Hours 10. Year 25 and beyond One Hundred Seventy-Six (176) Hours All vacation will accrue on a prorated basis using a twenty-six pay period year. Authorized vacation leave for regular employees working fewer than forty (40) hours per week shall be prorated based upon the normally scheduled hours worked. Credit toward vacation leave shall not be earned while an employee is on leave of absence without pay. C. VACATION SCHEDULE Vacation leave shall be taken at a time convenient to and approved by the Department Director. The Director or his or her designees will make every effort to grant requested vacation time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Seniority will be considered when 6 scheduling vacations within the department. Each employee shall take a vacation of at least one week consisting of five consecutive vacation days each year when eligible and sufficient vacation hours have been accrued. D. SENIORITY FOR VACATION PLANNING The Department Director shall grant leave on the basis of the work requirements of the City after conferring with employees and recognizing their wishes where possible. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greatest seniority with the City shall be given his or her choice of vacation time. The seniority system shall not preclude the taking of vacation at the same time by employees whose work requirements are not inter- dependent. Employees will indicate their preference for vacation time on a primary vacation schedule according to seniority. An employee may make one choice of a minimum of five consecutive work days and a maximum of as many consecutive work days as the employee has accrued vacation time. Only one block of consecutive work days will be scheduled per employee on the primary vacation schedule. After completion of the primary vacation schedule, a secondary vacation schedule will be made available. An employee may make as many selections as the employee has remaining accrued vacation time in order of seniority. The City will establish the beginning and ending dates for scheduling vacations on the primary and secondary vacation schedules and reserves the right to change the vacation scheduling process if it proves unworkable. E. VACATION TIME CARRY-OVER 1. An employee will be allowed to carry no more than the maximum amount of vacation that he or she can earn in one year, plus eighty (80) hours. 2. An employee who has carry-over vacation time may utilize the carry-over and the current vacation time authorized during a single calendar year. 3. An employee who fails to use his or her vacation time through the l but the maximum carry-over hours mentioned above. F. VACATION CREDIT ON TERMINATION AND RETIREMENT Upon separation, a regular status employee shall be paid for the unused portion of his or her accumulated vacation leave. Employees will not be allowed to schedule vacation at the end of their employment and will not accrue vacation leave or other benefits after their last day physically on the job. 7 ARTICLE V MEDICAL LEAVE, BEREAVEMENT LEAVE, AND FMLA LEAVE A. AMOUNT AUTHORIZED 1. Medical Leave. Medical leave shall be credited to all full-time employees as follows: a. Eight (8) hours for each full calendar month of service. b. For a calendar month in which an employee is paid for less than the full standard hours including paid leave, medical leave shall be awarded on a pro-rata basis. B. USE OF MEDICAL LEAVE Medical leave may be used under the following circumstances: 1. When an employee is incapacitated by sickness or injury. 2. For medical, dental, or optical examination or treatment. 3. When an employee is exposed to a contagious disease and attendance at duty may jeopardize the health of others. 4. For necessary care and attendance during sickness of a member of the y. For purposes of medica child, spouse, parent, in-laws of the same relation, and other dependents for whom the employee is legally responsible . An employee may use up to eighty hours of medical leave per year to care for immediate family members. 5. When absence is due to alcoholism or drugs, if medically diagnosed by a licensed physician and the employee is receiving assistance and has agreed to an approved course of treatment. 6. Medical leave shall not be granted in advance of accrual. 7. Leave without pay may be granted for sickness extending beyond the earned credits. 8. After six continuous months of service, accrued vacation leave credits may be used for medical leave when medical leave credits have been exhausted. 8 9. Medical leave shall not continue to accrue while an employee is on unpaid leave. 10. The amount of medical leave charged against an employee's accumulated total shall be computed on the basis of the exact number of hours an employee is scheduled to work when medical leave is utilized, not to exceed eight hours in a day; provided, that medical leave shall be debited in no less than one (1) hour units. C. PROOF OF ILLNESS An employee who is absent for more than three (3) consecutive days because of personal illness or that of a member of his or her immediate family or household shall be required to furnish a statement signed by the attending physician. The supervisor may require this statement or other proof for an absence chargeable to medical leave of any duration. D. FRAUDULENT USE OF MEDICAL LEAVE The Department Director or his or her authorized representative may investigate any medical leave taken by any employee. False or fraudulent use of medical leave shall be cause for disciplinary action and may result in dismissal. E. COMPENSATION FOR UNUSED MEDICAL LEAVE An employee may accumulate medical leave to a maximum of 1,064 hours. All employees shall be paid thirty seven and one-half percent (37.5%) for their accumulated medical leave at the time of retirement or death, the rate of compensation to be based on the employee's salary at the time of retirement or death. F. NOTIFICATION OF ILLNESS If an employee is absent for reasons that entitle him or her to medical leave, the employee or a member of employee's household shall notify the employee's supervisor at least thirty (30) minutes prior to scheduled reporting time. If an employee fails to notify such supervisor, when it was reasonably possible to do so, no medical leave shall be approved. Immediately upon return to work, the employee shall submit a leave form to his or her supervisor. An employee will not receive sick pay if a leave form is not submitted within one (1) working day after the absence. G. FAMILY AND MEDICAL LEAVE ACT POLICY Emp as set forth in the Employee Personnel Rules and Regulations as amended on April 13, 2011. 9 H. USE OF BEREAVEMENT LEAVE Bereavement leave shall be granted to eligible employees for up to two (2) days per calendar year for non-immediate family members. Non-immediate family member shall mean grandparents, siblings, aunts, uncles, nieces and nephews. Any portion of a work day used for bereavement leave shall be considered a full day of bereavement leave. An employee shall be eligible to use up to three (3) days of paid bereavement leave for the death of an immediate family member which includes parents, spouses, children, grandchildren, and in-laws of the same relation, regardless of when it occurs. In addition to the use of bereavement leave as set forth hereafter, medical leave may be granted at the immediate family because of unusual circumstances. To attend the funeral of someone other than immediate and non-immediate family, an employee shall take vacation leave. ARTICLE VI - MILITARY LEAVE A. MILITARY LEAVE The provisions relating to military training leave shall be as provided by Nebraska Statutes. ARTICLE VII - COURT LEAVE A. WHEN AUTHORIZED An employee who is required to serve as a juror in a federal, state, county, or municipal court, or as a litigant or witness in a case resulting directly from the discharge of his or her duties as an employee, shall be granted court leave with full pay to serve in that capacity; provided, however, that when the employee is a litigant or witness in non- employment related litigation, such employee shall not be granted court leave but may use vacation leave or compensatory time for the length of such litigation. B. PROCEDURE An employee who is called for compensable litigation, witness or jury duty shall present to his or her supervisor the original summons or subpoena from the court, and at the conclusion of such duty, a signed statement from the clerk of the court, or other evidence, showing the actual time in attendance at the court. C. FEES Fees received for compensable witness and jury service in a federal, state, county or municipal court shall be deposited with the City Finance Director upon the employee's receipt thereof. 10 ARTICLE VIII - LEAVE WITHOUT PAY A. The provisions relative to leave without pay shall be as follows: 1. Leave without pay may be granted to an employee for any good cause when it is in the interest of the City to do so. A Department Director may grant an employee leave without pay for 30 days time. The mayor may extend such leave for a period not to exceed six months. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 2. Before an employee may request unpaid leave, he or she must first use all eligible leave balances. 3. When leave without pay is requested pursuant to the Family and Medical Leave Act (FMLA) policy, Articles of this contract shall govern to the extent they are not inconsistent with Federal law . B. Leave without pay shall be subject to the following provisions: 1. At the expiration of leave without pay, the employee shall return to the position held prior to such leave. 2. Vacation and medical leave credits shall not be earned during leave without pay. 3. A leave without pay shall not constitute a break in service, but time off will not be credited toward retirement or the accrual of other benefits. 4. Leave without pay during the introductory period shall not be counted as part of that period, but the employee to whom such leave has been granted shall be allowed to complete his or her introductory period on return from leave. 5. Failure to report at the beginning of the next scheduled workday following the expiration of a leave of absence shall be considered resignation unless excused by the City after reasonable notice. 6. An employee on leave without pay shall be per mitted to maintain health insurance coverage under the group policy at his or her own expense during such permitted leave without pay. 11 ARTICLE IX LEAVE TO SUPPLEMENT WORKERS COMPENSATION BENEFITS A. POLICY Any employee covered by this contract who sustains an on-the-job injury compensable under the Nebraska Workers Compensation Act will be granted injury leave the injury. This period shall be up to one hundred fifty (150) consecutive calendar days following the original date of disability which shall mean that the employee is unable to duty work as the City may designate. Any reoccurrence or exacerbation of an injury shall relate back to the original injury for purposes of this article, including the commencement date of the 150 day period. B. BALANCES All payments of salary provided by this article shall be subject to deduction of balances as set forth below: 1. Pursuant to the waiting provisions in Section 48-119 of the Nebraska during the first seven calendar days following the date of injury or date that temporary disability begins, unless the disability continues for six weeks or longer. When the disability lasts less than six weeks, an employee may use medical or vacation leave for the initial seven days. 2. the initial waiting provisions as set forth above. 3. While on leave of any nature, the total compensation paid to an employee, net salary at the time of the commencement of the leave, plus any allowed and approved cost of living increase which commences during the period of leave. C. SUBROGATION The City reserves a right of subrogation because of payment to any employee who is disabled or injured by a third party, and reserves the right to pursue collection from the employee of any money paid by the third party to the for wages, salary, or expenses otherwise paid by the City, he or she will reimburse 12 the City for money paid resulting from the injury. The City reserves any other subrogation rights provided under Nebraska law. D. LIMITATION OF LEAVE Use of injury will not be available to employees following one hundred fifty consecutive (150) days from the original date the disability begins absent express approval of the City Administrator, who may grant an extension of this time not to exceed sixty (60) days if the employee has sufficient accumulated medical leave. Such extension Any employee whose employment by the City is terminated due to exceeding the 150 day period or extension shall be compensated for any remaining unused medical leave as in the case of retirement. If an employee reaches maximum medical improvement (MMI) and it is determined that the employee cannot perform the essential functions of the job, the employee may be terminated prior to the expiration of the 150 day period or extension and will be compensated for any unused medical leave as in the case of retirement. E. LIGHT DUTY POLICY The City may provide light duty work when possible for a defined period of time, not to exceed 150 days, for employees that are injured due to a work related situation. commencement of light duty work and/or modified duty work shall be five (5) calendar days from the date of disability. Any employee who does not willingly return to light duty work who is released by a doctor to do so, shall not be entitled injury or medical leave. All employees in the City of Grand Island are covered by this policy and therefore are on notice from this date forward, that light duty work shall commence five (5) calendar days from the date of disability with appropriate medical release, unless the employee is willing to return sooner. ARTICLE X GENERAL PROVISIONS CONCERNING LEAVE A. ABSENCE WITHOUT APPROVAL An employee who is absent from duty without approval shall receive no pay for the duration of the absence, and unless there is a legitimate reason for the absence, shall be subject to disciplinary action. An employee who is absent without approval for three (3) consecutive days is considered to have resigned. 13 B. LEAVE FORM For all leaves except unforeseeable medical leave or other emergency situations, a written request on the authorized leave form, indicating the kind of leave, duration, and dates of departure and return, must be approved prior to the taking of the leave. In the case of unforeseeable medical leave or other emergency situation, the form shall be completed and submitted for approval immediately upon the employee's return to duty. Unless a leave form approved by the supervisor substantiates an absence, an employee shall not be paid for any absence from scheduled work hours. C. COMPENSATION LIMIT DURING LEAVE While on leave of any nature, the total compensation paid to an employee including salary, wages, workers compensation benefits and leave pay collected from any -home pay at the time of the commencement of the leave plus any allowed and approved cost of living increase which commences during the period of leave. ARTICLE XI - PENSION RETIREMENT PLAN A. PENSION 1. The City agrees that the employees covered under this agreement are covered under the pension plan adopted by Ordinance No. 4244, as amended. ARTICLE XII - SENIORITY A. SENIORITY 1. bargaining unit except as otherwise provided herein. 2. continuous length of service in the bargaining unit without break or interruption; provided, that lay-off of one (1) year or less, any suspension for disciplinary purposes, absence on authorized leave with or without pay, absence while receiving temporary total disability benefi Compensation Act, and any absence due to serving as a union officer or official whether elected or appointed, shall not constitute a break or interruption in service within the meaning of this Article. 3. After an employee satisfactorily completes his initial introductory period of employment with the City, his seniority shall be effective from the date on which the employee was hired in the bargaining unit. 14 4. A list of employees arranged in order of their seniority as defined he rein will be made available for examination by employees upon request by the union. 5. Where two or more employees were hired in the bargaining unit on the same date, their seniority standing shall be determined in the order in which they filed their application for such employment in accordance with the date and time of filing such application. 6. Whenever it is determined to be in the best interest of the City to reduce its workforce, the Director, the Mayor, or City Administrator will recommend the implementation of the reduction. Factors that will be taken into consideration shall include, but are not limited to: The employment policies and staffing needs of the department, together with contracts, ordinances, and statutes related thereto and budgetary considerations Required federal, state, or local certifications or licenses; Seniority; The performance appraisal of the employees affected, including any recent or pending disciplinary actions; The knowledge, skills and abilities of the employee; The multiple job skills recently or currently being performed by the employee. Upon the receipt of the recommendation, a determination will be made as to the classifications to be affected by a reduction in force and the number of employees to be laid off. A determination as to whether any employees within a job classification should be exempted from consideration due to the existence of a required federal, state, or local certification, or license will also be made at this time. Employees laid off under this reduction in force policy shall be eligible for recall for a period of 2 years after layoff. If, within 2 years after layoff, a new position is opened within the reduced job classification for the department, the employee shall be recalled in the reverse order of layoff. After 2 years, the employee will have no preference for rehire. 7. If the City elects to fill a position or promote from within a pool of existing City employees, the factors to be considered may include, but are not limited to, those factors listed for consideration for reductions in the workforce in this article. 15 ARTICLE XIII - RATES OF PAY FOR WORK PERFORMED A. PAY PLAN 1. Employees, prior to advancing in step or grade, shall be evaluated. Employees will be considered for pay schedule step increases upon the following schedule. Such adjustments in pay shall be effective on the first day of a pay period falling on or immediately after the classification anniversary. Prior to advancing in a step or grade, employees will be evaluated on their performance at least annually. An employee must have length in step plus satisfactory performance ratings in order to receive an increase in pay, other than a salary table adjustment. Step 1 Entry Level Step 2 Upon successful completion of one (1) year of service in Step 1 Step 3 Upon successful completion of one (1) year of service in Step 2 Step 4 Upon successful completion of one (1) year of service in Step 3 Step 5 Upon successful completion of one (1) year of service in Step 4 Step 6 Upon successful completion of one (1)) year of service in Step 5 Step 7 Upon successful completion of one (1) year of service in Step 6 Step 8 Upon successful completion of one (1) year of service in Step 7 2. The introductory period for new employees shall be six months, unless otherwise extended by the Department Director. B. FISCAL YEAR 2011-2012 Rates of pay for the period October 1, 2011 to September 30, 2012 for work performed in the various classes of work under this agreement shall be as follows: October 1, 2011: All pay ranges shall be adjusted by 1.25%. The pay ranges will be implemented the first full pay period on or after October 1, 2011. See exhibit A. C. STIPENDS, SHIFT DIFFERENTIAL AND KEY CLASS The Department Director or his or her designee may name no more than one lead maintenance worker who will receive a $10.00 per pay period stipend. Employees who 16 are regularly scheduled to work swing shift or night shift will receive an additional 15 cents per hour for wages attributable to those shifts. Other employees who are called back to work or who are on stand by duty are not entitled to shift differential. No other classes will receive a stipend. All parties acknowledge that t he positions of Maintenance Worker, Equipment Operator, Maintenance Mechanic I, and Plant Operator II were blended for wage purposes by mutual agreement. D. WORKING OUT OF CLASS The department director or his or her designee may temporarily assign an employee to perform the duties and responsibilities of a different position. If the temporary assignment is for a position with a higher pay scale and the employee is assigned to work out of class for more than 10 consecutive work days, the employee is entitled to compensation, commencing on the eleventh day and thereaf ter, according to the higher pay scale at the level which will entitle the employee to a pay raise of at least 3%. At the end of the assignment, the employee will return to the rate of pay to which he or she would have been entitled if no out of class assignment had been made. ARTICLE XIV - EMPLOYEE RELATIONS A. GENERAL Every employee shall fulfill conscientiously the duties and responsibilities of his or her position. Every employee shall conduct himself or herself at all times in a manner which reflects credit on the City. Every employee shall be impartial in all of his or her official acts and shall in no way endanger nor give occasion for distrust of his or her impartiality. B. MEMBERSHIP IN UNION 1. An employee shall have the right to join or refrain from joining this union. 2. This union shall not exert pressure on any employee to join it. 3. The union shall not discriminate in membership on the grounds of race, religion, national origin, color, age, or sex. C. GRIEVANCE AND DISCIPLINE PROCEDURES 1. Members of the bargaining unit shall be governed by the grievance and and regulations. Should the City at any time during the course of this agreement amend the City Personnel Rules and Regulations, in regards to 17 discipline or discharge, said amendment shall be proposed to the IBEW bargaining unit. The bargaining unit shall have 30 days to consider and respond. The parties may agree to adopt such amendment as part of this contract at that time. If there is no agreement, the provisions of Chapter 3 in existence at the time of this contract will continue in force as to members of this bargaining unit. Any decision or act of the City that can be appealed to the District Court under applicable Nebraska law and the City personnel rules and regulations may instead be submitted to non-binding arbitration on mutual consent of the parties. 2. The arbitration proceeding shall be conducted by an arbitrator, to be mutually selected by the parties as soon as practical after the parties have agreed to arbitration. If the parties are unable to mutually agree as to the selection of an arbitrator within fifteen (15) working days after the agreement to arbitrate, the parties shall jointly request the Federal Mediation and Conciliation Service to provide a list of seven arbitrators. Each party shall have the right to strike three names from the list of arbitrators as submitted. The employee requesting arbitration shall have the right to strike the first name and the City shall then strike one name with the same process being repeated so that the person remaining on the list shall be the arbitrator. Authority of the arbitrator is limited to matters of interpretation or application of the express provisions of this Agreement and the arbitrator shall have no power or authority to add to, subtract from, or modify any of the terms or provisions of this Agreement. In the event the arbitrator finds that he has no authority or power to rule in the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. The arbitrator shall be requested by the parties to issue his decision within thirty (30) calendar days after the conclusion of the hearing. Each party shall be responsible for compensating its own representatives and witnesses. If a party desires that a record of the testimony be made at the proceedings, it may cause such a record to be made at its expense. D. PROCEDURES AS OF OCTOBER 1, 2011 The following are the pertinent grievance and discipline procedures contained in the personnel rules and regulations as of October 1, 2011 as amended to apply to the members of this bargaining unit. 18 Sec. 3.01 CORRECTIVE AND DISCIPLINARY ACTIONS Employees are expected to act in a mature and professional manner while performing services for the City of Grand Island. Below is a partial list of behaviors that an employee may be disciplined for. Depending on the severity of the infraction, an employee may be subject to discipline up to and including termination. The following is a list, not all-inclusive, providing examples of unacceptable conduct: Failure to observe safety rules and regulations. Failure to report to work at the appointed time or place, or for departing prior to the designated time, including abuse of rest periods. Solicitation, or distribution or display of, unauthorized literature while on City time. Operating a personal business while on City time. Intimidation or coercion. Abuse or waste of City equipment, tools, or material. Using abusive language or making false or malicious statements concerning any employee, the City, or its services. Horseplay, loafing, or sleeping on the job. Unauthorized posting, removing, or altering of bulletin board notices. Violation of City, Department, or Division written or verbal policies or procedures. Unauthorized use or release of confidential, sensitive or privileged information. Intentional unavailability for or refusal to work over-time or respond to emergency call-out. Abuse of medical leave or other paid leaves. Conduct unbecoming a City employee. An employee may be discharged, even for a first offense, for the following violations. This list is representative of dischargeable behaviors but is not all inclusive. Insubordination. 19 Theft of public or private property. Misappropriation of public property. Unlawful harassment. Consumption or possession of alcohol or non-prescribed drugs on City time or property. Being under the influence of alcohol or non-prescribed drugs while in the workplace. Gambling or fighting on City time or property. Conviction of a felony. Abusive, offensive, or obscene language or conduct towards the public, City officials, or employees. Demeaning, disruptive, or uncooperative conduct in the workplace. Intentional or negligent damage or destruction of private or public property. Fraud, falsification, or deceit in the conduct of City business. Incompetence or unsatisfactory performance. Unauthorized possession or use of firearms or hazardous materials on City time or property. Work disruption or stoppage, strike, or other forms of job action or withholding of services. Acts or threats of physical violence directed towards City officials or employees. Soliciting favors, gifts, services, or bribes in the conduct of City business. Conduct unbecoming a City employee or tending to discredit or impair the duties and the res Any employee arrested or convicted of any offense other than a minor traffic violation must report the incident to his/her supervisor. Failure to report such matters can 20 result in discipline, up to and including termination. Sec. 3.02 DISCIPLINE AND APPEAL PROCEDURE A. General Statement It is the policy of the City of Grand Island to provide a system of progressive discipline, which affords an opportunity for the resolution of unsatisfactory employee performance or conduct. Except in the case of a written reprimand I and reprimand II, such system shall include an appeal procedure to assure the equitable and consistent application of discipline. Discipline may begin with the least severe, appropriate disciplinary action and progress, if necessary, to more severe actions. The severity of the incident may warrant any level of initial disciplinary action, so as to be appropriate for the offense. B. Progressive Discipline Progressive discipline is the successive application of increasingly severe disciplinary actions. These actions, in order of severity, are written reprimand I, written reprimand II, probationary status, suspension, suspension and demotion, and discharge. C. Written Reprimand I for minor violations or incidents. The reprimand must inform the employee of the violation or incident, the required correction action, and the consequences of a reoccurrence of the violation or incident. A copy of the written reprimand I must be delivered to the employee and the Human Resources Department by the immediate supervisor. The immediate supervisor must retain a copy of the written reprimand I in departmental records. file. D. Written Reprimand II A written reprimand II may be imposed by a Department Director, the City Administrator, or the Mayor for repeated minor violations or incidents, or for a violation or incident of a more serious nature. The written reprimand II must inform the employee of the violation or incident, the required corrective action, and the consequences of a reoccurrence of the violation or incident. Copies of the written reprimand II must be delivered to the employee and the Human Resources Department for placement in the E. Probationary Status An employee can be put into a probationary status if his/her conduct is deemed unacceptable by the supervisor and/or Director and approved by the Director. During the 21 company rules and standards will be closely supervised. If at any time during the probationary period the employee has failed to comply with company rules, they will be subject to immediate termination. F. Suspension and Demotion A suspension is a period of time where the employee is removed from the workplace without pay. Suspension is normally imposed for a disciplinary or response to a written reprimand I or II. A suspension may be imposed as initial discipline for a violation or incident of a serious nature. A demotion is a change in status to a position subordinate to that held by an employee prior to imposition of discipline and may be imposed by the Department Director, the City Administrator, or Mayor in conjunction with a suspension for a violation or incident of a serious nature. For non-exempt employees under the Fair Labor Standards Act (FLSA), a suspension, not to exceed five working days, may be imposed by the Department Director, the City Administrator, or the Mayor. For exempt employees under the FLSA, any suspension must be for a period of at least one workweek. Prior to imposition of suspension and/or demotion as a disciplinary action, a written notice of suspension and/or demotion shall be prepared and signed by the Department Director, the City Administrator, or the Mayor. The notice of suspension and/or demotion must inform the employee of the following: (a) A statement of the violation(s) or incident(s) (b) A brief explanation of the evidence underlying the violation(s) or incident(s) (c) The discipline to be imposed (d) Any required corrective action by the employee (e) The consequences of a reoccurrence of the violations(s) or incident(s) he Mayor A copy of the notice of suspension and/or demotion shall be delivered to the known place of residence at least seventy-two (72) hours, excluding Saturday, Sunday, and Holidays, prior to imposition of the disciplinary action. At the discretion of the person issuing the notice of suspension and/or demotion, the employee may be suspended with pay immediately upon delivery of the notice pending implementation of the disciplinary action. A copy of the notice of suspension and/or demotion must be delivered to the Human Resources Department for placement in the A proposed suspension (and demotion) may be appealed pursuant to the procedure set out hereafter. 22 G. Discharge his/her workplace conduct in response to a suspension. A discharge may also be imposed as initial discipline for a violation or incident of a serious nature. Prior to imposition of discharge as a disciplinary action, a written notice of discharge shall be prepared and signed by the Department Director, the City Administrator, or the Mayor. The notice of discharge must inform the employee of the following: (a) A statement of the violation(s) or incident(s) (b) A brief explanation of the evidence underlying the violation(s) or incident(s) (c) A statement that discharge is to be imposed Mayor A copy of the notice of discharge shall be delivered to the employee, either seventy-two (72) hours, excluding Saturday, Sunday, and Holidays, prior to imposition of the disciplinary action. The employee shall be suspended with pay immediately upon delivery of the notice of discharge pending implementation of the disciplinary action or a final determination by the Mayor on the proposed disciplinary action following an appeal hearing. A copy of the notice of discharge must be delivered to the Human Resources Department for placement in the A proposed discharge may be appealed pursuant to the procedures set out hereafter. H. Appeal Procedure A regular status, non-introductory employee may appeal a suspension, a suspension and demotion, or a discharge in accordance with the following procedure: a. Following delivery of a notice of suspension (and demotion), or notice of discharge, the employee shall have seventy-two (72) hours, excluding Saturday, Sunday, and Holidays, to request an appeal hearing before the Mayor. Such request shall be in writing and delivered to the office of the Mayor at City Hall. b. Upon receipt of a request for an appeal hearing, the Mayor shall within five (5) working days cause to be set a time and place for the appeal hearing and written notification thereof shall be provided to the employee, the Human Resources Director, and City Attorney. The appeal hearing shall be held within fifteen (15) working days after receipt of the request for hearing. The appeal hearing shall be conducted informally and recorded electronically. c. At the hearing, the City Attorney, Department Director, and/or City Administrator shall present oral or written statements, reports, and documents supporting the disciplinary 23 action. d. The accused employee, th attorney, or other person on oral or written statements, reports and documents in response to the proposed disciplinary action. e. Each side shall be limited to a total time for making their respective presentations of one (1) hour or less. The Mayor upon good cause shown may extend the time for presentation. f. Upon conclusion of the appeal hearing, the Mayor shall make a determination in writing to dismiss, modify, or impose the proposed disciplinary action. The proceedings before the Mayor at the appeal hearing shall constitute the sole basis on which the determination shall be based. Modification may include any lesser disciplinary action than that which was proposed, including written reprimand II, reduction in pay, demotion, or change in the terms of suspension and/or demotion and may provide for a period of probation, counseling, treatment, or other corrective actions on the part of the employee. last known place of residence. A copy en determination shall be delivered to the City Administrator, City Attorney, and the Human Resources Director. The Human Resources Department shall Should the employee be employee may appeal to the District Court of Hall County, Nebraska, in accordance with the procedures provided by the statutes of the State of Nebraska. The filing of a petition in error by the employee or the service of summons upon the City shall not stay enforcement of a disciplinary action. The City may do so voluntarily, or the City may comply with such stay as is ordered by the District Court of Hall County. Sec. 3.03 EMPLOYEE GRIEVANCES Each person may present a grievance to their immediate supervisor who will respond in writing within 5 working days. Written notification of this grievance will be forwarded to the Human Resources Director, Department Director, and City Administrator. If the person is not satisfied with the decision of their immediate supervisor, they may present the grievance to the Department Director who will notify the Human Resources Director and City Administrator. The Department Director will, with the advice and consent of the City Administrator, respond in writing within 5 working days. In the event that the person is not satisfied with the decision of the Department Director, they may notify the Human Resources Director in writing within 5 working 24 days. The Human Resources Director will investigate the grievance and forward the results to the grievant, the City Administrator, and the Mayor. The Mayor may conduct a decision. The following are the prerogative of management and are not subject to the grievance process. Except where limited by provisions elsewhere in these rules, nothing in the rules shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City as granted to it under the laws of the State of Nebraska and City ordinances. These rights, powers, and authority include but are not limited to the following: Discipline or discharge for just cause arising under the City Personnel Rules except that a limited grievance for written reprimands may be presented as set forth below. Direct the work force. Hire, assign, or transfer employees. Determine the mission of the City. Determine the methods, means, and/or number of personnel needed to carry out Introduce new or improved methods or facilities. Change existing methods or facilities. Relieve employees because of lack of work. Contract out for goods or services. The right to classify jobs and allocate individual employees to appropriate classifications based upon duty assignments. A limited form of grievance may be presented for written reprimands. Each person may present a grievance to his or her immediate supervisor who will respond in writing within 5 working days. Written notification of this grievance will be forwarded to the Human Resources Director and Department Director. If the person is not satisfied with the decision of his or her immediate supervisor, he or she may present the grievance to the Department Director who will notify the Human Resources Director. The Department Director will respond in writing within 5 working days. 25 ARTICLE X V - OTHER BENEFITS A. MEDICAL INSURANCE The City agrees to provide health, dental, and long-term disability insurance during the term of this agreement same benefit level and employee contribution level as provided to other City employees year runs from October 1 through September 30 of each year. B. CAFETERIA PLAN The City agrees to implement a pre-tax contribution plan for medical and hospitalization insurance expenses. C. LIFE INSURANCE The City will continue to provide a life insurance policy for the employee. Such policy shall contain an option allowing the employee to purchase additional insurance. The premium for the optional insurance shall be paid by the employee. The insurance provided at City cost shall be in the amount of $50,000 per employee. The employee will be required to pay the premium on the life insurance policy during any leave of absence without pay for the first sixty days. Thereafter, such employee will be dropped from the life insurance plan. The employee shall pay both the City's premium and his or her optional insurance premium during this period. D. UNION BULLETIN BOARD The City agrees to provide space for the Union to erect a bulletin board for each division of sufficient size for the posting of notices of union meetings, union elections, union election results, union appointments to office, and union recreational or social affairs. Any material posted on said bulletin board(s) shall either be on union stationery or otherwise authenticated and authorized by an officer of the union. No item may be posted on the bulletin board(s) unless the item has been approved for posting by the Mayor or his or her designated representative and such approval shall not be unreasonably withheld. 26 E. HEALTH INSURANCE COMMITTEE The City agrees to establish and maintain an employee advisory committee to aid in obtaining health and dental insurance. F. PROTECTIVE CLOTHING 1. The director will determine what uniforms and protective clothing shall be required and furnished to employees. 2. The City will pay sixty percent (60%) of the actual cost of providing and cleaning protective clothing and the employee shall pay forty percent (40%) of such costs. G. TRAVEL TIME REIMBURSEMENT If an employee has to travel for approved City purposes other than a normal commute to and from his or her primary place of work (e.g. work related seminars and training), the employee will receive mileage and compensation consistent with Federal and State law. ARTICLE XVI - MANAGEMENT RIGHTS 1. The City has endorsed the practices and procedures of collective bargaining as an orderly way to conduct its relations with this group of employees, provided, that the City, acting through its chief administrative officer, retains the right to effectively operate in a reasonable and efficient manner to serve the best interests of all the citizens of the City. 2. This agreement in no way changes the power of the City to exercise any and all powers vested in it by the statutes of the State of Nebraska and the Grand Island City Code except as limited by the terms of this agreement and the principles of collective bargaining and labor law. 3. It is understood and agreed that the City possesses the sole right to operate the Public Works Department and that all management rights repose in it, but that such rights must be exercised consistently with the other provisions of this contract. These rights include but are not limited to the following: a. Discipline or discharge may be imposed for matters arising under Rules and Regulations, pursuant to Chapter 3 of said rules and regulations. Should the City at any time during the course of this agreement amend the City Personnel Rules and Regulations, in regards to discipline or 27 discharge, said amendment shall be proposed to the IBEW bargaining unit. The bargaining unit shall have 30 days to consider and respond. The parties may agree to adopt such amendment as part of this contract at that time. If there is no agreement, the provisions of Chapter 3 in effect on October 1, 2011 will continue in force as to members of this bargaining unit. b. Direct the work force. c. Hire, assign, or transfer employees. d. Determine the mission of the City. e. Determine the methods, means, number of personnel needed to carry out t he City's mission. f. Introduce new or improved methods or facilities. g. Change existing methods or facilities. h. Lay off employees because of lack of work. i. Contract out for goods or services. 4. This document constitutes the sole and complete arrangement between the parties. The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is (or may be) subject to collective bargaining. Any prior commitment or agreement between the employer and the Union or any individual employee covered by this agreement is hereby superseded. 5. Any and all matters not specifically mentioned in this agreement are reserved to the City. Matters that are mandatory topics of collective bargaining under applicable law will not be amended without mutual agreement during the term of this contract. 6. All industrial relations functions of the City shall be handled by the Mayor or his or her designated representative. The Union will not approve or encourage its membership to engage in industrial relations functions with anyone other than the Mayor or his or her designated representative. ARTICLE XVII - GENERAL PROVISIONS 1. a. No representative of the Union shall be permitted to come on any job site of the City for any reason without first presenting his or her 28 credentials to the Mayor or Department Director, and obtaining permission to come on the job site of the City. Such permission shall not be unreasonably withheld. b. One or two stewards shall be selected by the Union to conduct lawful functions on behalf of the employees in the bargaining unit. The Union shall furnish the City with the names of any stewards selected. All stewards shall be regular full time employees of the City. Stewards shall report to the performing such duties. Time off to perform such duties is not an unlimited right and reasonable restrictions may be imposed by the City consistent with this contract and applicable labor laws. Such leave will be without pay unless the employees requests to use accumulated vacation or personal leave. 2. The Union agrees that it or its members will not solicit membership in the Union or otherwise carry on Union activities during working hours. 3. The City agrees not to discriminate against any employee on the basis of race, creed, color, sex, age, or national origin, as provided by law. 4. The City and the Union agree not to interfere with the right of employees to become or not to become members of the Union, and further, that there shall be no discrimination or coercion against any employee because of union membership or non-membership. 5. An employee upon promotion, who fails to satisfactorily perform the duties of a classification into which he or she has been promoted during the first thirty days after such promotion, shall have the right to opt back into the classification from which he or she was promoted. He or she shall return to the same pay step held prior to promotion with the same regular status held prior to promotion. Any employee who chooses not to opt out or is not demoted based upon the decision of the supervisor, will need to satisfy the remainder of the six month introductory period. 6. The employer will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining or make any agreement with any individual, group, or organization for the purpose of undermining the Union or which is in conflict with this agreement. 7. Upon receipt of a lawfully executed written authorization from an employee, which may be revoked in writing at any time, the City agrees to deduct the regular, biweekly amounts specified therein from his or her pay for union dues. The effective date of such deduction shall be the second payroll following the filing of the written authorization by the employee 29 with the Finance Director. The Finance Director will remit the collected union dues, together with a list of the employees' names for which the dues are deducted, to the official designated by the union, in writing, by the fifteenth day of the next succeeding month following the deduction. The City agrees not to withhold any initiation fees, assessments, special or otherwise, nor any funds from an employee's pay for the benefit of the union other than regular union dues as set forth herein. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under this Article. This Article shall become null and void for the remaining life of the contract, effective immediately, in the event the union or its members participate in a strike, slowdown, work stoppage, or other intentional interruption of operation. ARTICLE XVIII - STRIKES AND LOCKOUTS 1. Neither the Union nor any of its officers, agents, or employees will instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work, or any other intentional interruption of the operations of the City, regardless of the reason for so doing. Any or all employees who violate any of the provisions of this Article may be summarily discharged or disciplined by the City. 2. The City will not lock out any employees during the term of the agreement as a result of a labor dispute with the union. ARTICLE XIX - DURATION OF CONTRACT 1. All of the terms, rights, obligations, benefits and conditions of this agreement will expire on its termination. 2. This agreement shall continue in full force and effect until Midnight on September 30, 2012. 3. Negotiations for a new agreement to take effect upon the termination of this agreement may begin any time after March 1, 2012. ARTICLE XX- SEVERABILITY If any of the provisions of agreement are subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable 30 statutes or ordinances, all other provisions of the agreement shall remain full force and effect for the duration of the agreement. Both parties shall then meet and attempt to negotiate a substitute. The union acknowledges that the City must comply with the Nebraska Budget Act. ARTICLE XXI - SCOPE OF AGREEMENT A. COMPLETE AGREEMENT The parties mutually agree that this contract constitutes the entire Agreement and understanding concerning all proper subjects of collective bargaining for the duration of the contract between the parties and supersedes all previous agreements. This contract shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties. There are no oral agreements nor is this Agreement based upon any oral representation covering the subject matter of this Agreement. B. INTERPRETATION This Agreement has been executed in accordance with the statutes and the laws of the State of Nebraska and the United States of America, and any dispute, disagreement, or litigation arising under this Agreement shall be adjudged in accordance with the statutes and laws of the State of Nebraska and of the United States of America. C. NEGOTIATIONS The parties agree that the negotiations preceding the signing of this Agreement included negotiations on all proper subjects of bargaining and that all negotiations were conducted in accordance with all applicable federal and state requirements. ARTICLE XXII - C.I.R. WAIVER As a result of negotiations, and in consideration of this entire collective bargaining agreement, the Union, on behalf of all of its members, hereby knowingly, intelligently, and voluntarily waives its right to file any proceedings with the Nebraska Commission of Industrial Relations (CIR) alleging lack of comparability with respect to any wages, fringe benefits or any other conditions of employment with respect to the time period between October 1, 2011 through September 30, 2012. 31 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF GRAND ISLAND, NEBRASKA, A MUNICIPAL CORPORATION BY______________________________________ JAY VAVRICEK, MAYOR ATTEST_________________________________ Dated__________________ RANAE EDWARDS, CITY CLERK I.B.E.W. LOCAL 1597 BY______________________________________ Dated__________________ PRESIDENT LOCAL 1597 _________________________________________ CHIEF STEWARD LOCAL 1597 Exhibit A Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Acctg Tech Hourly 14.5040 15.2292 15.9905 16.7901 17.6294 18.5109 19.4366 20.4084 9500 BiWeekly 1,160.32 1,218.34 1,279.24 1,343.21 1,410.35 1,480.87 1,554.93 1,632.67 Monthly 2,514.03 2,639.73 2,771.69 2,910.28 3,055.76 3,208.56 3,369.01 3,537.46 Annual 30,168.32 31,676.84 33,260.24 34,923.46 36,669.10 38,502.62 40,428.18 42,449.42 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Equip Operator Hourly 16.4663 17.2897 18.1541 19.0618 20.0149 21.0156 22.0665 23.1698 9540 BiWeekly 1,317.30 1,383.18 1,452.33 1,524.94 1,601.19 1,681.25 1,765.32 1,853.58 Monthly 2,854.16 2,996.88 3,146.71 3,304.05 3,469.25 3,642.70 3,824.86 4,016.10 Annual 34,249.80 35,962.68 37,760.58 39,648.44 41,630.94 43,712.50 45,898.32 48,193.08 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Maint Mech I Hourly 16.4663 17.2897 18.1541 19.0618 20.0149 21.0156 22.0665 23.1698 9620 BiWeekly 1,317.30 1,383.18 1,452.33 1,524.94 1,601.19 1,681.25 1,765.32 1,853.58 Monthly 2,854.16 2,996.88 3,146.71 3,304.05 3,469.25 3,642.70 3,824.86 4,016.10 Annual 34,249.80 35,962.68 37,760.58 39,648.44 41,630.94 43,712.50 45,898.32 48,193.08 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Maint Mech II Hourly 18.4369 19.3588 20.3265 21.3430 22.4101 23.5306 24.7072 25.9426 9621 BiWeekly 1,474.95 1,548.70 1,626.12 1,707.44 1,792.81 1,882.45 1,976.58 2,075.41 Monthly 3,195.73 3,355.53 3,523.26 3,699.45 3,884.42 4,078.64 4,282.58 4,496.72 Annual 38,348.70 40,266.20 42,279.12 44,393.44 46,613.06 48,943.70 51,391.08 53,960.66 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Maint Worker Hourly 16.4663 17.2897 18.1541 19.0618 20.0149 21.0156 22.0665 23.1698 9625 BiWeekly 1,317.30 1,383.18 1,452.33 1,524.94 1,601.19 1,681.25 1,765.32 1,853.58 Monthly 2,854.16 2,996.88 3,146.71 3,304.05 3,469.25 3,642.70 3,824.86 4,016.10 Annual 34,249.80 35,962.68 37,760.58 39,648.44 41,630.94 43,712.50 45,898.32 48,193.08 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Mnt Wrkr Stipnd Hourly 16.4663 17.2897 18.1541 19.0618 20.0149 21.0156 22.0665 23.1698 9626 BiWeekly 1,317.30 1,383.18 1,452.33 1,524.94 1,601.19 1,681.25 1,765.32 1,853.58 Monthly 2,854.16 2,996.88 3,146.71 3,304.05 3,469.25 3,642.70 3,824.86 4,016.10 Annual 34,249.80 35,962.68 37,760.58 39,648.44 41,630.94 43,712.50 45,898.32 48,193.08 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Sr Equip Oper Hourly 17.7987 18.6887 19.6231 20.6042 21.6343 22.7161 23.8519 25.0445 9680 BiWeekly 1,423.90 1,495.10 1,569.85 1,648.34 1,730.74 1,817.29 1,908.15 2,003.56 Monthly 3,085.11 3,239.37 3,401.34 3,571.39 3,749.95 3,937.46 4,134.33 4,341.05 Annual 37,021.40 38,872.60 40,816.10 42,856.84 44,999.24 47,249.54 49,611.90 52,092.56 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 WWTP Clerk Hourly 12.3898 13.0092 13.6596 14.3426 15.0597 15.8127 16.6034 17.4334 9720 BiWeekly 991.18 1,040.74 1,092.77 1,147.41 1,204.78 1,265.02 1,328.27 1,394.67 Monthly 2,147.57 2,254.93 2,367.66 2,486.05 2,610.35 2,740.87 2,877.92 3,021.79 Annual 25,770.68 27,059.24 28,412.02 29,832.66 31,324.28 32,890.52 34,535.02 36,261.42 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 WW Lab Tech Hourly 17.4796 18.3535 19.2711 20.2347 21.2466 22.3089 23.4244 24.5955 9723 BiWeekly 1,398.37 1,468.28 1,541.69 1,618.78 1,699.73 1,784.71 1,873.95 1,967.64 Monthly 3,029.80 3,181.27 3,340.32 3,507.35 3,682.74 3,866.88 4,060.23 4,263.22 Annual 36,357.62 38,175.28 40,083.94 42,088.28 44,192.98 46,402.46 48,722.70 51,158.64 October 10, 2011 IBEW WWTP Exhibit A October 10, 2011 IBEW WWTP Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 WWTP Operator I Hourly 14.7271 15.4635 16.2368 17.0486 17.9011 18.7962 19.7359 20.7227 9725 BiWeekly 1,178.17 1,237.08 1,298.94 1,363.89 1,432.09 1,503.70 1,578.87 1,657.82 Monthly 2,552.70 2,680.34 2,814.38 2,955.09 3,102.86 3,258.01 3,420.89 3,591.93 Annual 30,632.42 32,164.08 33,772.44 35,461.14 37,234.34 39,096.20 41,050.62 43,103.32 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 WWTP Operator II Hourly 16.4663 17.2897 18.1541 19.0618 20.0149 21.0156 22.0665 23.1698 9726 BiWeekly 1,317.30 1,383.18 1,452.33 1,524.94 1,601.19 1,681.25 1,765.32 1,853.58 Monthly 2,854.16 2,996.88 3,146.71 3,304.05 3,469.25 3,642.70 3,824.86 4,016.10 Annual 34,249.80 35,962.68 37,760.58 39,648.44 41,630.94 43,712.50 45,898.32 48,193.08 Approved as to Form ¤ ___________ September 13, 2011 ¤ City Attorney R E S O L U T I O N 2011-310 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City has the authority to make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate powers; and WHEREAS, an employee group at the City of Grand Island is represented by the Union Local No. 1597, I.B.E.W., AFL-CIO (IBEW Wastewater) and WHEREAS, representatives of the City and the IBEW, Local No. 1597 met to negotiate a labor agreement, and WHEREAS, the contract specifies a salary adjustment of 1.25% as well as all other terms and conditions outlined in the agreement, and WHEREAS, an agreement was reached with the employee group and a labor agreement has been presented to City Council for approval, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the Labor Agreement by and between the City of Grand Island and the Union Local No. 1597, I.B.E.W., AFL-CIO, (IBEW Wastewater) for the period of October 1, 2011 through September 30, 2012. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on October 11, 2011. ________________________ Jay Vavricek, Mayor Attest: ___________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of September 28, 2011 through October 11, 2011 The Claims for the period of September 28, 2011 through October 11, 2011 for a total amount of $4,076,452.27. A MOTION is in order. Tuesday, October 11, 2011 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council